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FTT Judge - “No obligation on JCP to advise on claiming JSA” !!
That’s the gist of a FTT Judge’s comment made during the course of a recent tribunal on JSA backdating.
The judge rebutted my argument that the appellant should have been advised to claim JSA when he sought advice on an earlier date, about whether he could claim anything in his current circumstances (laid off indefinitely from work, premises severely damaged by flood waters). The judge commented that unless the appellant asked directly about JSA, there was no obligation on the JCP officer to direct him to make a claim!!! He claimed there was a substantial body of case law to support this view!!!!
I was speechless, almost, especially as the same officer directed the appellant to a crisis loan claim, which is administred by a different agency!
Anyway statement of reasons now obtained, and leave to appeal applied for. But I’m still in shock from the Judges comment.
Extraordinary! There is a substantial body of case law to support YOUR view (see the commentary to reg 19 of the Claims and Payments Regulations). And now there is the Court of Appeal’s decision in Novitskaya
It feels like a mix up to me of the substantial caselaw that reporting a CoC must be made to the appropriate office and the substantial caselaw that says even a guard could be seen to give (incorrect) advice.
and see this thread
http://www.rightsnet.org.uk/forums/viewthread/91/
post about half way down by petec on service standards…
and you have appealed?
I would temper the approach with what the Service standards say and the judge is quoted as saying.
DWP Say….
We aim to give you accurate information and the right advice to help you:
• get each of the benefits you’re entitled to
•decide what to do
http://www.dwp.gov.uk/docs/dwp1018.pdf
Judge quoted as saying “...there was no obligation on the JCP officer to direct him to make a claim!!! “
There’s a big difference to helping someone to decide what to do and in directing them.
Bit like the difference between a salesperson and a police officer when they’re twisting your arm if you ask me.
Thank you all for the excellent advice as usual.
Leave to appeal request is in.
The service standards information and case law comments on reg 19 as indicated in your replies should do the trick.
Pretty confident it will be successful.