JSA Appeal Advice

polarbear1

An elderly friend of mine is expected to be refused a job seekers allowance since last summer. The complication is he was self-employed and family and friends have kept him going financially for the past two years while he was looking for work.


The social protection people have asked him to produce accounts which he has done and documents all of which were produced and correct. However they are requesting his friends and family to produce bank statements showing how they contributed to his cost of living for the past two years.


A further complication is the people who have helped him out do not wish to produce 3 years of accounts for someone else seeking job seekers allowance with the added hassle of a potential revenue audit.
He has been told verbally that he not be entitled to it and warned that if he appeals he will need to produce these documents. Despite the fact he has no money and no income he is a dilemma on how to proceed with the appeal when the official letter arrives.
He is a decent guy,l victim of the recession like most, hardworking and never asked the state for anything before. At a time of need you would think the country he as helped prop up they would help him for once.



Would anyone have any advice on what to do.We don't know even where to start with a draft letter for appeal.

polarbear1

BUMP!

eddiehen

polarbear1 wrote: »

BUMP!

I think the reason why nobody is giving you advice is mainly because appeals are largely circumstancial. A lot of appeals are being allowed/disallowed on edge scenarios of legislation and/or circumstance, so I don't think you'll get much help in preparing for an appeal without knowing in depth the personal details (which is obviously not recommended).

On the general point of what to put into the appeal - Take what is worded in the disallowance and do some research into the piece of legislation attached/quoted. Try to apply your own circumstance to it, and how you feel that the deciding officer is wrong in their decision by explaining how your case in particular is not covered by the officers decision. Some appeals are allowed on the basis of both parties being "wrong", but as the DO is wrong in arriving to their decision then it can possibly be allowed in favour of the appellant.

maryk123

I would agree with above poster but all that their friends need to do is write a letter stating what they gave their friend eg how much they gave and state that they are not willing to give their bank statements to show how they gave it. It is their private business. A man I know did this but he got 5,000 from a friend and when they awarded his claim a year later they deducted they amount he received from his friend as means.

Verbal is rubbish tell them give you a refusal letter they are very slow to do this because you have reason to appeal and even though there is a delay with appeals. If your friend has given everything they have asked for they should give a refusal, in the end my friend had to ask for a decision either refuse or give them the money. They dragged the arse out of it though eg giving 7 days to bring in information to find out the officer dealing with it was gone on 2 weeks holidays so it didn't make a difference. But he gave everything within the time limit because all they want to do is close the claim and then they don't give arrears. Eventually after 12 months he finally received a decision awarding him his money and back money minus the 5,000. If I was him I would go to his local counsellor it actually helps.

jjbrien

As marky said and I agree you should get your friend to go to his local TD and they might be able to do something to help. TD's usually have a local clinic he can drop into at certain times. Its probably his best shot

polarbear1

Thank you all for your advice. This seriously angers me. For a guy who has honestly helped prop up this country for years asking for a little help is just unbearable!

Thank you all once again.. If anyone has anything more to add please do!

eddiehen

polarbear1 wrote: »

Thank you all for your advice. This seriously angers me. For a guy who has honestly helped prop up this country for years asking for a little help is just unbearable!

Thank you all once again.. If anyone has anything more to add please do!

One last piece of advice: Keep out the "propping up the country" bit. It's an appeal, not a rant. The appeals board will only be interested in fact, not opinion. Best of luck with it!

mgbgt1978

Also, once your friend recieves his written refusal he should apply immediately for a copy of his social welfare file. He is entitiled to this under the freedom of information act.
This should give him a better overview of the refusal, and should be helpful when wording the appeal.
It's better to ask for an oral hearing when appealing too. The "success" rate is far better with oral hearings rather just letting the appeal be decided on the written info given.
Tell him to be prepared for a long wait....that's just the way things are at moment.

polarbear1

Thank you all for your advice.. Will keep you posted on how it goes..