Jobseeker Allowance, disallowed

grasshopper1

Hi, I'm appealing a decision regarding why I have been disallowed Jobseeker Allowance. I am looking at the following: Gov. Legislationection 120 (3A) --which I have found, but I can't find anything relating to this: Article 8B of S.1. 137/98.

Would appreciate any help.

Thanks,

grasshopper1

mp22

What reason did the dept give for disallowing your claim?

upinthesky

your in for a long drawn out process

i was disallowed jsb on the basis i was not seeking full time work

i appealed the decision and still the appeals office disallowed my claim i then rappelled sent in lots of evidence that i was looking for work still disallowed

finally appealed again and was sent for an interview in Dior street which i was delighted with brought everything evidence i was looking for work and went to the citizens advice for letters

anyway won my claim and got my jsb after nearly a year that was back in 2010

an

grasshopper1

What reason did the dept give for disallowing your claim?

"you have placed restrictions on the nature of employment you are seeking ie. English Language teacher. This decision is based on Government Legislation Section 120 (3A) and Article 8B of S.1. 137/98".

I am not a computer programmer/accountant etc., so I apply for jobs that I have some experience for. Because of my age, my chances are very slim.

I have spent more than half of my life working overseas, because I have always worked and if that means going overseas I prefer that to being on the dole. At the moment I'm finishing an Access course at UCD, and I do 4 hours volunteer on Sundays. I would do more but it's against the rules.

I came back in April last year, and applied for unemployment. Within 3 weeks, it was through. I decided that I should do a course and applied to FAS. I got the course, but it was an advanced course. I spoke to the teacher and explained the situation, she replied that the class couldn't wait for me, so I decided I was wasting my time.

In September I reapplied for the dole and was told that I was under investigation. Had to show bank statements from overseas/Ireland etc., Finally, at the end of Dec. I was told that I would hear from them soon. Two months later after emails and telephones calls, and going to the office, still told to wait. So, I wrote to Minister for Social Protection. Within one week, I received a phone call from the dole office saying that my case was being reviewed. I went for two interviews and was asked if I was looking for work.

I said of course, explained that I was looking for English language teaching, and was told that I had to accept anything, that If I was a nurse/English teacher made no difference, I had to widen the net and take whatever was on offer.

I also received a letter from the Local Manager, acknowledge receipt of my email to the Minister; it was titled to "Dear Mrs. Meany" which is totally different to my name. I did have a laugh at that though.

grasshopper1

mp22

The answer to the question "what type of work would you accept" is any!(I am not trying to be flippant or sarky but thats the way it is)

A person may be regarded as not being available for work if s/he imposes unreasonable restrictions on:

• the nature of the employment,
• the hours of work,
• the rate of pay,
• the duration of the employment,
• the location of the employment,
• any other conditions of employment which s/he is prepared to accept.

In any case where a Deciding Officer is of the opinion that the person has placed unreasonable restrictions, s/he should be interviewed and given the opportunity to respond. In some cases a person may demonstrate that the restrictions are not unreasonable and that s/he has a reasonable prospect of getting full-time employment despite such restrictions. For example, a person may be qualified as a baker, but may have ceased seeking work in that field upon developing dermatitis. Employment which would bring that person into contact with agents that trigger the condition would obviously not be suitable employment. Such a restriction on availability may, in the circumstances, be regarded as reasonable.
The following are some of the circumstances where a person may be considered NOT to be available for work:
S/he is looking for a particular type of work only. As previously stated, after a period of unemployment, a person must be prepared to accept any employment for which s/he is qualified.


from here http://www.welfare.ie/EN/OperationalGuidelines/Pages/jb_jobseekben.aspx#availfulltime


I would presume that the dept deems almost everybody qualified for most minimum wage jobs.

grasshopper1

mp22 wrote: »

The answer to the question "what type of work would you accept" is any!(I am not trying to be flippant or sarky but thats the way it is)

A person may be regarded as not being available for work if s/he imposes unreasonable restrictions on:

• the nature of the employment,
• the hours of work,
• the rate of pay,
• the duration of the employment,
• the location of the employment,
• any other conditions of employment which s/he is prepared to accept.

Thanks a lot everybody, I've a lot of reading to do. I do think that they could at least have given me a 'first' warning and explained the procedure first. I have certainly learned a lot. I'll let you know the outcome, probably it will be sometime next year.


grasshopper1

grasshopper1

grasshopper1 wrote: »

mp22 wrote: »

The answer to the question "what type of work would you accept" is any!(I am not trying to be flippant or sarky but thats the way it is)

A person may be regarded as not being available for work if s/he imposes unreasonable restrictions on:

• the nature of the employment,
• the hours of work,
• the rate of pay,
• the duration of the employment,
• the location of the employment,
• any other conditions of employment which s/he is prepared to accept.

Thanks a lot everybody, I've a lot of reading to do. I do think that they could at least have given me a 'first' warning and explained the procedure first. I have certainly learned a lot. I'll let you know the outcome, probably it will be sometime next year.


grasshopper1

Update I wrote out six reason why I was appealing and in October 2012 I got a reply from the 'appeals board' allowing my appeal. I did write out 6 points which I felt were relevant to my case and which the Appeals Officers allowed.

grasshopper1