signing on day

Does anyone know if this can be negotiated to fit in with part-time study? I have a 20 year old client who does a 12 hour course where the days can’t be changed and the Jobcentre insists he signs on a day when he can’t. Already had one claim end, and he has started another. Same day given.

I know it’s determined by his NINO, but have they a discretion in this situation?

I can’t see anything to dictate it is set in stone and logic (yes I know…) tells me that if they can force people to sign on daily at any time they feel is appropriate they should have the power to amend your client’s signing time. I suppose your client could also ask to sign on by post? The answer will probably be a big fat no but it might be worth a try.

Draft letter for consideration - daily attendance

Dear Manager

Further to the requirement to attend the Jobcentre daily, unless this direction is revoked immediately I wish to make a formal appeal on the grounds that the decision is irrational, my reasons are as follows:

1. I have already participated in a period of regular attendance between x and x; during this time I received little support and advice / list what advice was given.

2. It hinders my ability to seek work as I am absent from home for x hours and the adviser cannot source suitable jobs that match my circumstances daily.

3. I have not agreed a written plan of action that includes the specific support and advice that will be available to me every day and which was not offered during x and x date.

4. There is no requirement to seek work or show evidence of job search everyday. The duty to seek work is a weekly test and not a daily one.

5. I feel bullied and harassed by the unreasonable policy Jobcentre Plus has introduced and it is starting to make me feel very stressed; perhaps the intention is to frustrate me off the JSA register to ESA, so another off-flow success can be claimed.

6. The cost to the taxpayer in the form of my expenses and wasted adviser time.

Yours ....

Copy to

District Manager

MP include name

I cannot find any legislation that supports daily contact without support.

(4) In regulations 23 (attendance)(3) and 23A (attendance by members of a joint-claim couple)(4), for “attend at such place and at such time”, in each place where it appears, substitute “participate in an interview in such manner, time and place”.

For those in a similar position - potential arguments:

1. The daily contact is not enhancing my return to work as I am spending x time travelling back and forth to the Jobcentre. Further, there is no requirement within my Jobseekers Agreement or the legislation to provide evidence of job search daily to meet the test of actively seeking work.

2. All decisions by public bodies must be reasonable, rational and lawful. I cannot identify any reasonable purpose for claimants to attend or email job search daily without daily support and advice being offered by Jobcentre Plus. If I was attending a Jobclub daily, I would receive the benefit of the resources, the Jobclub leader and the support of other participants.

3. I am a fully competent and motivated job seeker and no support or advice has been provided in this regard since xxxxxx(date). Therefore, the imposition of daily job seeking without daily support appears to be a form of harassment.

4. Given that I and other claimants have been subjected to this unhelpful and unsupportive regime for several weeks; I would respectfully request, that if Jobcentre Plus does not remove the daily contact direction immediately I wish to make a formal appeal and for my case to be referred to the Lower Tier Tribunal.

Email to District Manager see link below

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/281344/jcp-district-managers.pdf

The Director General: .(JavaScript must be enabled to view this email address);

This should get them to back off with this insane idea

The Secretary of State has the power to vary the signing on day, to fit in with her study, under reg 24(10) of the JSA Regs.

Yes Nevip that’s true, but is it reasonable to do so? If client hasn’t been naughty - committed fraud or some other misdemeanor then it is unreasonable. I think I made that clear above, but if not I hope I have now.

Brian

The original post was about varying the signing on day because it was in the interest of the claimant and it’s entirely reasonable to vary it to fit in with his studies.  Signing on daily was never in issue in the original post and was only mentioned by 1964 as an aside.

Hi all,

He’s not been required to sign on daily ..yet. But if he does, thanks for the letter. He’s been asked to sign weekly on a Wednesday.

Luckily the MP is already involved.

I’ll check out the regulation thanks, as I was struggling to find it.

Thanks, Sangeeta