with Roni Marsh

BENEFIT SANCTIONSAND

DELAYS

Jobseeker’s Allowance (JSA) Sanctions

What are they?

A sanction is a penalty which results in a reduction or extinguishing of JSA.

The two types of sanction are:

•High Level Sanctions – losing all JSA for 4, 13 or 156 weeks•Low Level Sanctions – losing all JSA for 4 or 13 weeks

How long can they last:

The length of time of the sanction can vary depending on what you are sanctioned for and whether you have been sanctioned for this thing before.

High Level JSA Sanctions

What are they are given for:

•Job loss such as leaving voluntarily or getting sacked

•Failing to apply for a job which was notified to you by a JobCentre adviser including temporary work

•Failing to accept a job including temporary work

•Failing to participate in mandatory work activity [This is a scheme that provides 4 weeks or work, or work, related activity of up to 30 hours a week with a view to assisting you with your prospects of getting employment]

•Neglect to avail yourself of a job opportunity [This is normally where you fail to return to work after a temporary absence with a former employer such as after maternity leave or where you refuse an alternative job offer during the redundancy process.]

High Level JSA Sanctions – Part 2

What is the sanction?:

The sanction for these is loss of all JSA.

How long is the sanction?

The length of time this is for is normally:

•First time = 13 weeks

•Second time in a year = 26 weeks

•Third or more time in a year =156 weeks

Low Level JSA Sanctions – Part 1

What are they given for:

•Failure to participate in an interview [You are given a time and date to attend the JC and you fail to do so including being late or uncooperative]

•Fail to participate in a specific scheme for assisting people back into work [work programme, skills conditionality, sector based work academy, new enterprise allowance, fulltime training flexibility and today 1 support for young people]

•Fail to carry out a Jobseeker’s direction [this is might be something you have agreed to doing your jobseeker’s agreement or something that JCP has told you that you must do. This must be something which is relevant to helping you get a job or to the local labour market]

•Fail to apply or accept a place on a training scheme or employment programme

•Giving up or losing a place on a training scheme or employment programme

•Not being available to work for 40 hours per week or not actively seeking work [Availability for work can be restricted if you have caring responsibilities for adults or children or due to your health – as long as you still stand a reasonable chance of securing employment and are available for 16 hours or more]

Low Level JSA Sanctions – Part 2

What is the sanction?:

The sanction for these is loss of all JSA.

How long is the sanction?

The length of time this is for is normally:

•First time = 4 weeks•Second or more time in a year = 13 weeks

ESA Sanctions – Part 1

Which types of ESA can be sanctioned?

Income Related ESA andContribution Based ESABoth types of ESA can be sanctioned. There are less sanctions which apply for people in the Support Group.

What are the different types of ESA?

After the first 13 weeks of claiming ESA the JCP should decide which of the two groups a claimant goes into which are:

•Work Related Activity Group – People who the JC decide will be capable of returning to work in the future and who should prepare for that now. This is about 4 out of 5 claims.

•Support Group – People who the JC decide that their condition is so severe that it would be unreasonable for them to engage in work related activity at the moment. This is about 1 in 5 claims.

ESA Sanctions – Part 2

What reasons can ESA be sanctioned for?

Both Groups:•Failing to engage in work related activity •Failing to attend a medical

Work Related Activity Group OnlyFailing to attend or engage work focussed interviews

What are the sanctions?

A reduction of 50% of ESA work related activity component for first 4 weeks then 100% of the amount for each following week until you do the things you are being sanctioned for not doing.

Things you cannot be forced to do?

•Take a job•Undertake work•Undertake medical treatment

Which means you cannot get a sanction for not doing these things.

ESA Sanctions – Part 3

What is work related activity?

This is any activity which makes it more likely you will get a job or remain in work, which is at the discretion of the JC adviser but could include:

•CV writing•Thinking about college courses•Interview skills•Talking about the barriers to employment

All work related activities must be reasonable interview of your health.

You cannot be forced to:

•Take a job•Undertake work•Undertake medical treatment

Which means you cannot get a sanction for not doing these things.

ESA Sanctions – Part 4

What is a work focussed interview?A work focussed interview is an interview you must attend if you are on certain benefits (ESA, incapacity benefit, income support, Severe Disablement Allowance). Your partner may also be required to attend one if you are claiming for them. You can be exempt for the following reasons:

•if of pension age•lone parent responsible for child under 1•have a severe medical condition •are in the support group for ESA•the DWP decide it would be of no help to you because you are about to start or return to work soon•you are under 18

Also at their discretion the DWP can waive or defer your requirement to attend a work focussed interview.

They are usually held at the jobcentre and discussion will be about job opportunities, training, and rehabilitation. As a result of the work focussed interview you may be required to undertake work related activity.

ESA Sanctions – Part 5

Taking part in the interview means you must:

•attend at the time and date and place notified to you•participate in the discussion about your employability and the activity you are willing to do (or have done) to get ready for work•answer questions about your qualifications, employment history, skills and medical conditions and factors that may affect your chances of getting a job

What is work related activity (Excludes JSA)?This is any activity which makes it more likely you will get a job or remain in work, which is at the discretion of the JC adviser but could include:

•CV writing•Thinking about college courses•Interview skills•Talking about the barriers to employment

All work related activities must be reasonable considering your health and circumstance. You cannot be required to apply for a job, undertake work, or undergo medical treatment

ESA Sanctions – Part 6

The sanctions for this not completing the work focussed interview or work related activity are:

Reduced ESA for a fixed period of:

•First time = 1 week•Second time in a year = 2 weeks •Third or more time in a year = 4 weeks

The ESA is reduced by £72.40 a week (although you must be left with at least 10p per week).

JSA and Fit for Work

If JCP decide you are not fit for work they can refuse to grant JSA. You would normally be advised to claim ESA instead.

IS Sanctions

Income Support Sanctions

If you are on income support you can be sanctioned for not attending a work focussed interview. The sanction is a reduction in the amount of benefit you are entitled to. The amount of the sanction and time are:

•Income Support for Incapacity or Disability – reduction of 50% of ESA work related activity component for first 4 weeks then 100% of amount for each following week (£14.37 then £28.75)

•Income Support for Other Reasons – £14.48

The decision-maker at JCP chooses the period of sanction.

ESA Failures – Part 1

Failure to return ESA50 form

If it is not returned in time then you are treated as no longer being entitled to ESA. If your form is going to be late then you should:

•let the DWP know why. •Explain why you didn’t send it back if you had good cause (coverd later)

Failure to attend a medical

If you fail to attend a medical without providing good cause then you are treated as no longer being entitled to ESA. If you are too ill to attend then you should:

•get something from your GP or other medical professional (such as CPN/consultant/psychiatrist etc.) that confirms you were unable to attend because of your health•consult your medical professionals on the day of the medical or as soon before or after as possible•explain the reasons for not attending to the Jobcentre staff (preferably in writing) and consider making a new claim.

ESA Failures – Part 2

Failure to score sufficient points at a medical

If you do not score enough points then you should:

•challenge the decision by asking for a mandatory reconsideration

or

•try to claim another benefit instead such as JSA

Good Cause

Try to convince the person making the decision at the Jobcentre (or a tribunal if you appeal the decision) that you had good cause for what you did. There is no list of what is good cause but they will look at:

•Was what you did reasonable in the circumstances?•What were your reasons for doing what you did?•Other factors that are considered are:•Are you a victim of domestic violence?•Do you have a mental health condition?•Are you homeless?•Do you have a learning disability?•Do you have a physical disability?

Example of Good Cause

You fail to attend an appointment because you were scared to, or because you didn’t get the letter notifying you of the decision or you misunderstood what was being said.

Challenging Decisions

First stage = Mandatory reconsiderations

Deadline = one calendar month of the decision.

Make To = the office that sent you the decision you are challenging and take the letter into the Jobcentre ask for a dated receipt in case it gets lost.

Need More Time = to gather more information to support your reconsideration request you should ask the DWP for this. They should give you reasonable time to provide it.

Contact from DWP after Reconsideration Request = normally by phone to talk through your case before making the reconsideration decision.

If the reconsideration is decided in your favour then the sanction is lifted and any benefit due to you repaid.

Challenging Decisions

Second Stage = Appeals

When this can be done = once you have a Mandatory Reconsideration

Grounds (Reasons) for appeal = must include all the reasons why you disagree with the decision and any further information/evidence about you which you think the Judge may need to know. These are the things that are listed in Good Cause section. If you have medical evidence attach this to the form.

Deadline = is one calendar month from the date of the Mandatory Reconsideration notice

Ultimate Deadline = is 13 calendar months and there is a special section on the form to fill in to explain why your appeal is late.

Chances of Success = normally higher if you go in person to the appeal because if the Judge is not sure then they can ask you further questions.

Timescale = several months to get a tribunal hearing.

At the Tribunal = The Judge will decide whether or not the decision to sanction your benefit was correct.

Top Tips for ESA

Form- Be specific about your health problems, how they affect you as possible

Form Help – You are always better off getting help from a specialist

Evidence – for the reasons that you didn’t send back the medical questionnaire or attend the medical assessment

Good cause – Remember it’s not defined

Reconsideration – Always ask for one

Appeal – If your reconsideration is not successful

Get Specialist Advice – try your local CAB

Wait 26 weeks – If you fail your medical then you must wait this long before putting in a new claim unless your condition has got worse or you have a different condition

Getting Benefit – Whilst appealing you should continue to get some benefit

Top Tips for JSA

Jobseeking – always keep evidence of what you have been doing to look for work

Jobseeker’s Agreement – stick to it and if unclear ask

Good cause – remember it’s not defined

Reconsideration – always ask for one

Appeal – if your reconsideration is not successful

Get Specialist Advice – try your local CAB

Hardship Payments – ask for these if your JSA is sanctioned.

Delays

Short term advance – Ask for one from the jobcentre if you are in financial need.

What is Financial Need? – “because you have not received your benefit there is a serious risk of damage to the health and safety of you or a member of your family”.

Examples of serious risk to health and safety might be not having enough money to heat your home when it is cold and not having enough money to eat.

THANK YOU