Author Topic: Benefits May Stop For Claimants Who Appeal Plus New 3 Year Sanctions‏  (Read 2194 times)

WeDesign

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An extract from some information I have read:


"the DWP is actively considering axeing employment and support allowance (ESA) payments for claimants who challenge a decision that they are fit for work.  Instead, claimants will have to try to sign on for jobseeker’s allowance, where they will face a harsh new regime which, from later this month, will include potential benefit sanctions of up to three years"


How can they be allowed to do this to people?

Noisyworld

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 >steam<

A smiley with steam coming from its ears is the least eloquent but most repeatable comment I have on this matter!

Sunshine Meadows

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Do you have a link to where that quote came from please?

I was just looking at this document

http://www.dwp.gov.uk/docs/mandatory-consideration-consultation-response.pdf

and it is talking about people having their claim reconsidered by the decision maker before an appeal is lodged.

edit> I did some more reading on the Benefits and Work website and I think the benefits stopping bit is referring to those people who are found fit for work and rather than continuing to get assesment rate ESA they are 'expected' claim JSA but they cant claim JSA if the are stating they are unfit for work. I cant find a quote saying this is already happening. Sunshine
« Last Edit: 03 Oct 2012 03:19AM by SunshineMeadows »

Sunshine Meadows

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I found some more information at the Benefits and Work website.

I still can't find the quote but I can see how if people trying to claim ESA are denied ESA payments and are moved to JSA then health issues does make being sanctioned more likely.

http://www.dwp.gov.uk/adviser/updates/jsa-sanction-changes/

What is changing?

The new regulations introduce a regime of fixed period sanctions, which will replace the existing sanction rules and move claimants closer to the sanction regime planned for Universal Credit in 2013. We intend to bring in the new regime from 22 October 2012.

Under the new regime:

    Higher level sanctions (for example for leaving a job voluntarily) will lead to claimants losing all of their JSA for a fixed period of 13 weeks for a first failure, 26 weeks for a second failure and 156 weeks for a third and subsequent failure (within a 52 week period of their last failure).
    Intermediate level sanctions of four weeks for a first failure, rising to 13 weeks for a second or subsequent failures (within a 52 week period of their last failure) may be applied following a period of disallowance for not actively seeking employment or not being available for work.
    Lower level sanctions (for example for failing to attend an adviser interview) will lead to claimants losing all of their JSA for a fixed period of four weeks for the first failure, followed by 13 weeks for subsequent failures (within a 52 week period of their last failure)



AccessOfficer

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Hi Sunshine,
See the links from the D.W.P website I posted yesterday for more information about the new sanctions regime comming into force and commencing October 22nd 2012.
Regards
AO

KizzyKazaer

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This thread, in Talk:

http://ouchtoo.org/index.php?topic=4133.0

No mention of ESA, just sanctions relating purely to JSA...

Danslatete

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So if for instance someone in my posn of having employment for the first time in 8 yrs, finds their health eteriorates and they cant carry on doing it, leaves the employment, will they get a sanction for leaving? or would that be if you were on jsa and got a job and then left it because you didnt like it, you would get sanctioned then?
I am quite worried about what will happen to me if i find i cant do my work anymore due to health problems, especially as i have only been working for a short time. Would i be able to ask for esa or would it come under income rules? (because i have used my ceas)
Its very scary

KizzyKazaer

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You can re-claim contribution-based ESA in as little as 12 weeks since the previous claim closed - whether you get it again or not will then depend on contribution records for particular tax years (this is a specialised area which is handled by a DWP Decision Maker).  As for income-based, that all depends on your individual circumstances - for instance, if you have a partner who works 24 hours or more per week, that will exclude you from income-based ESA; ditto savings over £16,000.

Certainly if you had to leave a job due to worsening health, that would be grounds for an ESA rather than a JSA claim. - it's not that particular scenario that the DWP has in mind with the stricter sanctions.  You're on the right lines when you say if you were on jsa and got a job and then left it because you didnt like it, you would get sanctioned then?  Just disliking a job, in itself would not pass as a good reason for leaving!






oldtone27

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The OP's point came up at the Preparation for Work course run by the VI charity I assist. Unfortunately it arose after the representative from the local Job Centre disability advisor had left.

One of the members who had researched this quite a bit was under the impression that if someone in the WRAG appealed for Support group and lost they would not be re-instated in WRAG but effectively put on JSA.

I don't have references but will ask what the source of this information was so it can be verified. We have another speaker from DWP in a later session so may be able to ask then.

The WRAG advisor was quite interesting, clarifying the aims of the DWP/government and how they are implementing them. I think it was useful for some of the VI members who were not fully aware of the new processes but didn't tell us anything that has not been covered on this board particularly in the Welfare section.

One perhaps important point was that those members who had already been through the initial ESA stages did not find the process nearly as daunting as they thought it was going to be. They said that with one exception the JC staff had been pleasant and helpful.

The members did complain that the letters were not clearly marked as important or official so easily lost amongst junk mail. An issue for VI people. They also disliked the somewhat threatening tone of the letters and lack of notice for appointments.