Wednesday 7 November 2012

DWP 'logic' and fireworks

Just a brief blog entry today to update you all on the tribunal.....I'll start by saying that, sadly but unsurprisingly, the decision didn't go in my favour but I have decided to continue fighting and will be writing to my MP in the next few days. So, here's what happened.....

Mum and I got to the tribunal centre in plenty of time, and what a depressing place it is too....seriously don't think it could have been designed to be any more ugly.....however the clerk to the court, when she came out to tell us what would happen, was very nice and kind and that did help to settle my nerves a bit. The room where they have the tribunal was small and bright, there was only one lawyer/JP there, no one from the DWP ever goes to these things...however unlike if we didn't turn up, it doesn't seem to impact on them...funny that.... Anyway, she (the lawyer in charge) was very nice, kind and sympathetic....she listened to my point of view and that helped me to be calm and articulate. However, as with so many others who I've dealt with, she kept referring to the law, and how she had to abide by it. Which would be fair enough, except that they selectively apply it, so that it works for the DWP and not for us. One rule says that a person should be accepted as looking for work unless there is evidence otherwise; when I pointed out that all the evidence showed that I had been looking for work, she turned it around and said it was only used in cases where people had been lying about looking for work - so although it looks like a positive rule for us, it's not....so frustrating and annoying.

However the really insane part was still to come. It soon became clear that she wasn't going to find in my favour, and she began scouring her little book of law to see what crumbs of comfort she could give me. Now, bear with me, because this is totally true and yet completely bonkers at the same time. She told me that I couldn't claim JSA, apart from when Aiden was on holiday from school, or had an inset day or if he was excluded....so basically, I can't claim JSA for those days when I am available for work, but I can claim it for days when I couldn't work because I'd need to be at home looking after Aiden (and she had already said she realised that childcare was an issue, also the actual regulation she quoted is written specifically to cover those who have responsibilities caring for children, i.e. it's accepted that on those days the individual cannot work!!) If you think that's insane, then you're not the only one....... It's so annoying and mum and I were so shocked that neither of us thought to challenge her at the time...

Mind you, she wasn't finished yet, because when I asked her if I could appeal further, she told me I could but that I couldn't argue the facts, only law....ummmm right.....ok......yeah I don't get that either....

Anyway, mum took me to the library and I had a nice browse which helped to relax me and we've managed a nice, restful afternoon......and a visit to the local free firework display this evening....which was lovely.. I do love fireworks, and I love hearing the little kids reactions to them as well....so cute....

All in all, today could have been better but it also could have been a lot worse. My mum being here has helped massively and I'm so glad she came down....I feel very fortunate to have such supportive parents...Today I've managed to stay on an even keel, despite feeling alternately numb and angry, I've managed to stay calm and to get on with things which needed doing..... I'm grateful for small positive steps


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