Hi-

My client received a letter on 1st May 2007, informing her that her claim for Job Seekers Allowance was in doubt because Job Centre Plus regarded her as a full time student.

My client then took this letter to the head of the ESOL course she is attending, who wrote to the Job Centre Plus with a copy of my clients Learning Agreement. This clearly showed that my client's study time does not exceed 15 hours per week. The letter from the head of my client's course showed:

Clients name
DOB
A request to send the letter to the decision maker as it was "intended to support his case for continuing to receive Job Seekers Allowance"

While my client's tutor was waiting for a reply to this letter, my client's JSA stopped. My client's tutor, under the impression that she had made an appeal, has now wisely given up waiting for a reply, and now I have become involved.

It has now been over a month since the decision was made, but I think that I have very good grounds for a late appeal (ie the JC+ should have but failed to act on the letter from my client's tutor- either requesting more information, or advising her on the appeals process)

It's all a bit messy- basically my client, who has difficulties with English approached her tutors for help, and her tutors, with good faith in the Job Centre did the very best they could under the circumstances to help her. The Job Centre did nothing at all except to stop my clients benefits without further investigation.

I'm thinking:
1) Apply again for JSA
2) late appeal (but on what grounds?)
3) Complain

Any ideas gratefully accepted.

Late appeal - see Reg. 32 of the D and A Regs. The test in relation to admitting a late appeal is either is in 'the interests of justice to do so' or has it 'resonable prospects of success'. Should submit asap.

It looks as though it would be worth finding out if the time limit for appealling has in fact started to run. If there has not been a proper decision letter it will not have started.