not getting full entitlement

chancer12

My son lost his job on 8th August and went into the local dole office the following Monday to sign on. He didn't have all the paperwork they needed so he was given an appointment a week later and told to come back. He had an interview that day and it was again re-scheduled. He put his energies into getting another job and had to miss yet another appointment. All these dates were documented with proof from the interviewer or agency that he wasn't available. In the end it was mid-September before he had supplied them with everything they needed and they are now giving him dole for 4 weeks rather than the 7 he has been out of work. Initially they were only going to give him 2 weeks. He's been lucky enough to get another job but its in London and he goes at the weekend. However, the setup costs are very high and he can do with whatever money is available. What are the chances of appealing this decision?

mp22

The only people who can answer that question are the dept.note appeals can take a long time.Are you sure that there was no holiday pay involved when he was let go.

chancer12

No, the company was on its knees. He was lucky to be paid till the day he left. The P45 clearly stated the last day he was paid

Cushie Butterfield

Obviously there is some confusion/mixup about the date from which his claim started considering you say that initially they were only going to pay him for two weeks but have now paid him more.

Did he ask DSP why his claim wasn't backdated for the full amount of time?

Maybe the reason for missing one of his appointments wasn't recorded - maybe not. No-one here would have any idea what the circumstances were/are. He will have to visit his local office & clarify exactly what date his claim went into payment & why it wasn't backdated for the full amount of time.

Once he has that information he can appeal it, but an appeal doesn't result in an immediate decision so either way he'd be no better off financially in the short term.

chancer12

Cushie, he went in and had the documentation to prove he was at interview but they told him they would only give him payment from the date everything was in order. (I presume this meant utility bills etc, proof of address etc) Initially they were only going to give him 2 weeks but he negotiated it to 4.

Balagan

In the normal course of events, and excluding an issue about payment in lieu of holidays not taken, he would be entitled to payment from the date he signed on, minus the first three days. That is standard.

Perhaps the information that, due to job search, he would miss the first interview and then the rescheduled interview did not reach the relevant person and the claim was closed and subsequently re-opened? Would help his case if he has copies of documentation for having missed the two scheduled interviews.

Cushie Butterfield

chancer12 wrote: »

Cushie, he went in and had the documentation to prove he was at interview but they told him they would only give him payment from the date everything was in order. (I presume this meant utility bills etc, proof of address etc) Initially they were only going to give him 2 weeks but he negotiated it to 4.

He should definitely appeal this decision as sometimes (particulary with people who are paid monthly) it could take up to a month for a P45 to be issued by the employer depending on the pay run dates, so it's not as if acceptable delays are highly unusual. In the normal course of events once the initial application is submitted as soon as possible after finishing employment the applicant should not be unfairly penalised for the length of time it takes for the claim to be compiled provided they have engaged in a timely manner with DSP requests for further documentation.

http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_welfare_appeals.html

Backdating of JSB claims is appealable so the best thing for him to do is go into his local office, tell them that he intends to appeal & ask for exact details on what he has to do in order to appeal their decision. You may want to go with him to the local office just to avoid any miscommunication. Bear in mind he has 21 days to appeal from the date of decision. He could also contact the Appeals Office details in link above for further details.