A deaf benefit claimant was wrongly sanctioned after turning up to a training course just ten minutes late, the Upper Tribunal has ruled.
Despite the sanction being imposed in November 2013, he had to wait until 14 August 2015 to have his appeal heard by the Upper Tribunal.
The unnamed 53 year-old benefit claimant has hearing difficulties and wears a hearing aid in his right ear. He was told to attend a CV writing course and given a “Jobseeker’s Direction” letter to confirm the time and date of the course, reports Disability Rights UK.
While the sanction was imposed in November 2013 it took until 14 August 2015 for his appeal to be successfully heard.
The claimant was a 53 year old man who had difficulty hearing and so wore a hearing aid in his right ear.
He was told that he was required to attend and complete a CV writing course from 11.15 am to 12.15 pm. He was given a “Jobseeker’s Direction” letter to confirm the time and date of the course.
However, he arrived at the course ten minutes late and was told that he had missed his appointment. A decision was made that he did not have good reason for failing to carry out his Jobseeker’s Direction and a four weeks sanction was imposed.
In his notice of appeal the claimant stated that he had misheard the date of the appointment as 11.50 am as this was the time he usually signed on.
He was not wearing his hearing aid as it was faulty and did not think to check the time of his appointment by looking at the letter he had been given as he thought it was the same time as the previous two appointments he had been given. He had reported to the Jobcentre straight away and rebooked and completed the CV course the very next day.
In upholding the claimant’s appeal, Upper Tribunal Judge Knowles decides that there was no refusal or failure by him to carry out the Jobseeker’s Direction:
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