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TOPIC: What have you done to look for work,is it enough etc ?

What have you done to look for work,is it enough etc ? 08 Jun 2018 09:12 #8489

  • jobber
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Anyone know what the latest is with all this:

PG –v- SSWP (JSA) [2017] UKUT 388 (AAC)
CJSA/3521/2016 1
IN THE UPPER TRIBUNAL Appeal No: CJSA/3521/2016
ADMINISTRATIVE APPEALS CHAMBER
Before: Upper Tribunal Judge Wright
DECISION

assets.publishing.service.gov.uk/media/59e5b9dfed915d6aaafc2eb4/CJSA_3521_2016-00.pdf

Looks like they are trying their best to shoot down the decisions previously gained in another case which would be in all claimants favour regarding the test being met in law to comply with JSA UC agreements ?

Apologies if this has already been covered on another thread but cant remember seeing this new hell.
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What have you done to look for work,is it enough etc ? 08 Jun 2018 10:16 #8493

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If anyone can break this down for me as to what the hell is going on with all this would be much appreciated.

I am guessing the person refused to sign a CC and all jsa was stopped ?

my head is banging this morning due to neighbour from HELL doing his DIY at 430 am so forgive me if i am talking at cross purposes with what i have posted :)



I thought this had all been done and dusted
"the appellant’s jobseeker’s agreement was reasonable, whereas the test
under section 10(5)(c) of the Act is in respect of whether it is
reasonable to expect the claimant to have to comply with the agreement"



CJSA 1814 2007

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1 I allow the appeal. For the reasons below, the decision of the tribunal is wrong in law. It is set aside. With the agreement of both parties, I substitute for that decision the decision that the tribunal should have taken. This is:

Appeal allowed. The decision of the Secretary of State of 9 11 2006, superseding the decision of 28 3 2006, is set aside. The appellant was actively seeking work in the period 31 10 2006 to 6 11 2006. That is therefore not a ground for superseding the decision awarding jobseeker’s allowance to the appellant during that period.

10 Section 1 of the Jobseekers Act 1995 (“the Act”) imposes the requirement that a claimant actively seeks work. Sections 7 of the Act defines the test:

“a person is actively seeking work if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment”.

In other words, if asked, a claimant must show what he or she did that week to get work.



13 Further, there is nothing in the Act or the Regulations requiring that a claimant must comply with everything in the Agreement. The reverse is the case. The agreement must comply with the law. To be valid, a jobseeker’s agreement must comply “with the prescribed regulations in force”: section 9(1) of the Act. The pattern of the legislation is that a jobseeker’s agreement must comply with the test of actively seeking work in sections 1(2)(c) and 7 of the Act and regulation 18 of the Regulations and not the other way round.


The steps a person has agreed to take to find work will be outlined in their ‘Jobseeker’s
Agreement’ (also known as a ‘Claimant Commitment’) but this does not mean that they have to
carry out all the agreed undertakings each week to prove that they have been actively seeking
work in any particular week.
The issue should be determined by looking at what steps were
taken not what steps were agreed but not taken
. :)
Regulation 18(2) Jobseeker’s Allowance Regulations 1996.


Whether or not the job search steps a person has taken in a particular week should be
considered to be ‘reasonable’ depends on the individual circumstances of the claimant. Things
like the person’s skills, qualifications and abilities should be taken into account. So too should
any limitations caused by a physical or mental disability, how long the person has been
unemployed and the steps they have taken in previous weeks (and the results of those steps).
If the person is homeless any steps the person took to find accommodation should also be
taken into account - it should be accepted that being homeless may limit the steps a person is
able to take to find work.
Regulation 18(3) Jobseeker’s Allowance Regulations 1996

I personally dont like this or agree with it "(and the results of those steps)" its obvious the outcome wont look good on a job seeker as they are effectively at a disadvantage by default to begin with,they apply for 10 vacancies in 1 week and get zero replies or interviews; doesn't this mean its the job seekers fault, but the DWP with their warped mentality will say that individuals form of looking for work is not working, and yet they come up with absolutely bugger all themselves for that individual, apart from some working in a cabbage patch temporary zero hour contract "job."



So further bullshit in meaning that if someone cant produce a positive outcome from the results of their job search it wont be looked on as good which must be the result for 99% of us currently unemployed,total loony tune mentality from them again.
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What have you done to look for work,is it enough etc ? 08 Jun 2018 14:14 #8501

jobber wrote:
If anyone can break this down for me as to what the hell is going on with all this would be much appreciated.

I am guessing the person refused to sign a CC and all jsa was stopped ?

my head is banging this morning due to neighbour from HELL doing his DIY at 430 am so forgive me if i am talking at cross purposes with what i have posted :)

Heh, know what you mean about your neighbour, the ones next door to me are pure hell. I've often heard them doing DIY at all hours of the day, most times well after midnight!

Also, I had my JSA suspended at my previous jobcentre for not signing my CC. I didn't refuse, I just told the work roach I wanted someone else to look it for me before I signed, then all hell broke loose regarding me saying this. Needless to say it was overturned within a week thanks to a letter sent to the decision maker immediately after I left the jobcentre. I do believe I posted about this in a previous thread.

jobber wrote:
So further bullshit in meaning that if someone cant produce a positive outcome from the results of their job search it wont be looked on as good which must be the result for 99% of us currently unemployed,total loony tune mentality from them again.

Every time I sign on I'm asked how my jobsearch went, I always reply with "fine". Sometimes I'm asked if I've had any interviews or any interviews coming up. The reply is always "no". The odd more vicious roach will say that I must be doing something wrong, but like you said they don't offer any ways to address this, apart from sending you to a useless course or saying that my CV isn't "professional" enough even though it has been deemed as more than adequate by people much more qualified than a useless work roach.
Flotsam: People who are considered to be worthless or to have been rejected by society.
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What have you done to look for work,is it enough etc ? 08 Jun 2018 14:31 #8502

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"Heh, know what you mean about your neighbour, the ones next door to me are pure hell. I've often heard them doing DIY at all hours of the day, most times well after midnight!"

Hi Tarquin, not too sure if you know or not but there are ways to deal with numbskulls like these:

www.gov.uk/how-to-resolve-neighbour-disputes/complain-about-noise-to-the-council

Complain about noise to the council
You can ask your local council for help if the neighbour dispute involves an activity that is damaging to health or a nuisance. This is known as a ‘statutory nuisance’.

This could include:

noise (including loud music and barking dogs)
artificial light (except street lamps)
dust, steam, smell or insects from business premises
smoke, fumes or gases
a build-up of rubbish that could harm health

Tricky part trying to implement any of these ideas is if you are renting through a letting agent which may become slightly more difficult.
I've been told to build an audio diary of events by noise abatement office so will start that process,what with that and the by audio data base being created for DWP and joke shop its a good job mp3s exist :cheer:


Tarquin, when you have a mo could you send me a link of your tales of joke shop stopping jsa please.

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What have you done to look for work,is it enough etc ? 08 Jun 2018 17:49 #8506

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Bit "Off Topic"
But if I had neighbours like that I would give them some extra DIY; Like replacing there Front Door, After I had kicked it in. :)
YNWA: You'll Never Walk Alone
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What have you done to look for work,is it enough etc ? 08 Jun 2018 21:09 #8510

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Cheers Paul only this guys a psycho 6ft 4 and 4 foot wide :) unlike myself :cheer:

But will be making his life hell as best as i can soon.

jobber
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What have you done to look for work,is it enough etc ? 09 Jun 2018 08:47 #8519

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Me thinks back to when I was a Kid, And Sunday School [ Don't panic did not last very long, got Kicked out ]
Story of David & Goliath, Modern version Kick the Big Brick Shithouse in the Balls with a well aimed Dr-Martins steel toe-Cap
Boot [Got a pair you can borrow ;) ]
That tends to work well. B)
YNWA: You'll Never Walk Alone
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