I've been SANCTIONED.

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I've been SANCTIONED.

Postby gary who? » Wed Sep 11, 2013 3:12 pm

Hi all. As the title. This was due to me not attending the 'work programme'.
Now after every phone call made to my local provider. I was told someone would come out to see me. No one came out or rang to come and see me.
Now, I had a letter from the Dwp asking 'why I did not attend'? Wrote back to them explaining of having no knowledge of appointment.
Again I had not received any letter asking to attend, (I don't even know where I should go).
Obviously now they don't believe me. Now sanctioned and losing £71 a week.

My contribution-based Employment and Support Allowance has ended on 21st june '13. Told this by letter dated 05th sept '13 received today.
How am I to prove I did not receive the appointment letter?
This is illegal as there is no law stating that we should attend the work programme.

I will appeal but just don't know how to word it..any advice?

Keep well.
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Re: I've been SANCTIONED.

Postby *Lisa* » Wed Sep 11, 2013 3:27 pm

Hi Gary...

Did you sign up to do the work programme?
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: I've been SANCTIONED.

Postby wendy10 » Wed Sep 11, 2013 3:34 pm

good luck with the appeal i appealed back in march and still not heard anything.
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Re: I've been SANCTIONED.

Postby Garyl » Wed Sep 11, 2013 4:01 pm

Contact Fighback on facebook or checkout their notes on how to appeal andget sanctions overturned they are a good helpful group, but are very busy so plese be patient for a reply
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Re: I've been SANCTIONED.

Postby gary who? » Wed Sep 11, 2013 4:45 pm

Hi all.

I was supposed to be in the wrag but never went as I was waiting for my provider to make a home visit. I never signed anything.
This appointment never materalised. So they told the dwp I never went hence the illegal sanction.

This has upset me enormously as I have now self harmed.
The provider obviously lied and its their word agsinst mine. I will go through my recordings and double check that I did hear them say they will arrange a home visit.
Totally drained and very, very upset.

Keep well.
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Re: I've been SANCTIONED.

Postby Pete » Wed Sep 11, 2013 4:52 pm

Hi Gary

first of all i would contact the CAB in your area then if you have no joy with them i would contact the Parliamentary Ombudsman see link they should be able to help
Pete :-)

http://www.ombudsman.org.uk/
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Re: I've been SANCTIONED.

Postby HelpingHand » Wed Sep 11, 2013 6:26 pm

Hi gary who?

Sorry to hear about your predicament. Unfortunately, attending work focused interviews (as and when required) is part of the law and a requirement. The department can legally sanction you for failing to attend these work focused interviews.

Now, I realise you said it was a work 'programme' which is why I have made a point of saying the above applies to work focused interviews. What is it that you mean by work programme? Is this something that the department have asked you undertake following a work focused interview? If so, did you sign anything?

You are right, it is hard to prove you didn't receive a letter. If you have been to a work focused interview, and it is just the work focused programme that you didn't attend, you can always use that as proof that you are willing and have attended appointments before, and it is out of character for you to not attend if you have been informed of something. Other than that I suppose it's a tricky predicament.

I would follow some of the suggestions on here in going to visit your local CAB or trying to seek some specific advice.
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Re: I've been SANCTIONED.

Postby gary who? » Wed Sep 11, 2013 6:41 pm

Hi all.
Thanks for the replies. I have gone through my phone calls and the work provider DID say they sent the letter out and IT IS on their system.
Now, I have rang the provider and the chap I spoke to said ' there is 'NO' letter on their system asking me to attend the work programme. I asked kindly if he could double check with another adviser which he did, and again no letter. He only had letters that told me to ring them before a certain date and thats all. The last letter they sent out was 02/08/13.
I did as always record the call and will make a copy and forward this along with my appeal. (Is this wise)?
The alleged letter still has not arrived.
Would I be able to make a complaint about defamation? They called me a liar which I am not.

I will look into the ombudsman tomorrow when my friend comes over.

Keep well.
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Re: I've been SANCTIONED.

Postby denys » Thu Sep 12, 2013 1:20 am

Did they actually use the word liar, or just keep saying you hadnt attended when you were supposed to. They would have actually had to use the word for you to make a claim and if they didnt all they would say is that the information they were given showed that...... :dunno: :dunno: :dunno: :dunno: :dunno:

Why would it not be wise to send the tape, you have proof the work provider has said no letter has been sent by them to yourself and therefore should show there is no case to answer :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: As long as you keep a copy for yourself in case it gets 'lost'
Denys

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Re: I've been SANCTIONED.

Postby gary who? » Thu Sep 12, 2013 3:42 pm

Hi all.
They did not say liar but what else would they think. I did not attend as I did NOT receive any correspondence from Acent to attend the work programme. This is the ONLY letter I have not received. All other letters after the appointment were mandating me to phone, which I did each and every time. Somehow this one letter has disappeared.
I have now involved my local Mp and he has now forwarded my emails to the Dwp to investigate. I have now wrote an appeal about the sanction stating everything I have done that the provider has asked me to do, which the provider agrees I have done everything. Except go to the alleged appointment.
I am also still waiting for a home visit from the work programme adviser which has not yet materialised which they agreed to do. Again I have this on my phone.

My friend rang the Dwp on my behalf today and told the lady what has happened. The lady seemed gobsmacked when she was told the story. She said put everything in the appeals letter along with what is wrong with me.
If the decision is not overturned I will again appeal but will take the recordings with me. Also I have been partly sanctioned.

Keep well.
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Re: I've been SANCTIONED.

Postby denys » Thu Sep 12, 2013 5:28 pm

Its that word you see, if they didnt actually say it then they can argue that its your perception and they weren't calling you it.

I know what you mean, they make you feel as if they are and you really can't draw any other conclusion but its sort of hanging there in the ether and hasnt actually been uttered so I dont think you would get anywhere by trying to sue them unfortunately :shock: :shock: :shock:
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Re: I've been SANCTIONED.

Postby zappa20 » Sat Sep 14, 2013 5:48 am

It's not impossible but uncommon to have a WFI arranged to be done at your home. They don't have the staff or resources for this. There was a change which started in August of this year with the government aim of helping people back into work (ahem) through utilising a number of different number of options/activites/therapies. They're running a Pilot study and 3000 people in the WRAG group with a back to work prognosis of more than 18 months who've maybe not had to attend WFI's before could be asked to attend regular WFI's from now on. The aim is to allegedly get people the help they need quicker before long term illness pattern sets in.

As well as making your appeal etc, you might need to re-engage with the WFI's by arranging an appointment you can attedd to get this benefit sanction lifted. Unless you can financially afford to wait it out on the lesser amount until your appeal over the letter not being sent out is decided one way or the other.
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