Thousands on benefits could now have payments stopped under new rules – how to appeal
THOUSANDS of Brits on benefits could see their payments stopped or reduced for the first time.
Anyone claiming new style jobseekers allowance (JSA) or employment and support allowance (ESA) can now have cash taken through sanctions.
An update from the Department for Work and Pensions (DWP) states these benefits are subject to sanctions from 3 November.
The update said: "Up to now, DWP has not applied sanctions to new style benefits, however, a sanctions process is being introduced which will enable this to happen."
It added that the change brings new style benefits in line with legacy benefits and Universal Credit.
The DWP confirmed to The Sun that it's the first time sanctions have been applied to these benefits.
A spokesperson said: “Our priority is to help people into work through our multi-billion pound plan for Jobs.
"We rightly expect claimants to take up this support and meet the conditions of their benefits.
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“People will only be sanctioned if they fail to meet what they agreed to without a good reason.”
New style of JSA and ESA can be claimed at the same time as Universal Credit and are replacing old versions of the benefit which part of the legacy system.
Sanctions for other benefits were paused last year at the height of the coronavirus pandemic, but have since started again.
Here we explain how you can be sanctioned on these benefits and how to appeal.
What are the sanctions for new style JSA?
In updated guidance for people claiming new style JSA, the government has outlined three levels of sanction: low medium and high.
New style JSA can be claimed at the same time as Universal Credit, or on its own.
The benefit is based on the amount of National Insurance you have paid in the previous two years.
If you get it, it will be considered as income for Universal Credit claims.
You can be sanctioned at the low level if you fail to attend a meeting with your work coach, don't take part in a work programme or didn't do something that you'd agreed with your work coach.
A low level sanction will see your JSA stopped or reduced for as long as this is the case.
So if you're sanctioned for failing to attend a meeting, it will continue until you do meet.
I can be stopped for another seven days after this and up to 28 days if you've previously been sanctioned in the past year at a low level.
A medium sanction can be applied if you don't do all you can to look for work, or if you are not available to start work right away.
For a medium level sanction your money can be reduced or stopped for up to 28 days, or 91 days if you've had this level of sanction before.
High level sanctions can apply if:
- leave your job without a good reason
- lose your job because of your behaviour
- lose pay without a good reason
- lose pay because of your behaviour
- do not apply for a job
- do not accept a job
Your money can be reduced or stopped for up to 91 days, or up to 182 days of you've had a high level sanction before.
What are the sanctions for new style ESA?
For new style ESA there is only one level, low, which means your payment can be reduced.
This can happen if you don't attend interviews or do work-related activity that you've agreed with your wok coach in your claimant commitment .
ESA is for those who are ill or disabled which affects their ability to work.
New style ESA is not means tested and does not take into account you or your partner's income .
The benefit is based on the amount of National Insurance you have paid in the previous two years.
You can get new style ESA on it own or at the same time as claiming Universal Credit.
Sanctions do not apply if you're in the EESA support group, which means you cannot work now and you’re not expected to prepare for work in the future.
How can I challenge a sanction?
You can use a mandatory reconsideration to dispute a sanction or if you disagree with a decision about your benefits.
To start the process for a mandatory reconsideration, you'll need to contact the benefits office that gives you your payments.
You can contact them by:
- Phone
- Letter
- Filling in and returning a
You should include as much supporting evidence as possible to support your claim.
This could include new medical evidence, reports from specialists, or bank statements and payslips.
As well as explaining why you think you've been sanction incorrectly, you'll need to provide the date of the benefit decision, your name and address, date of birth and your National Insurance number.
For most benefits, you have one month from when you were notified about the sanction to apply for a mandatory reconsideration.
However, it is still worth applying for one should you have missed the deadline for a good reason, such as being in hospital.
If you disagree with the decision of your mandatory reconsideration you can appeal to a First-Tier tribunal.
Claimants have one month to do this, although this is extended to 13 months for exceptional circumstances.
You'll need to download and fill in the from the HM Courts and Tribunals Service website.
The form will ask for you:
- Name and contact details
- National Insurance number
- Reasons for appealing
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Send this, along with the outcome of your mandatory reconsideration of which you should have received two copies, to:
HMCTS Appeals Centre, PO Box 1203, Bradford, BD1 9WP.
The DWP will be asked to respond to your appeal within 28 days.
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