Sanctions Explained

You may have heard scare stories about "Sanctions", and be terrified as a result. It's always wise to arm yourself with facts when you feel that way.

Firstly, if you are in the Support Group, you do not need to worry about Sanctions at all. Sanctions relate to the Work Related Activity Group only. (And JSA).

"Sanctions" essentially means being punished for not complying with the governments requirements of you, by having the Work Related Component of your ESA payments reduced. Your awarding letter should inform you of how much of your ESA payment makes up the 'Work Related Component'. For most people it is £28.45. (This means you will still receive your Support Component - so won't be completely penniless).

For the first four weeks of sanctions, your it will be reduced by 50%. Any further weeks, it will be reduced by 100%.

The Work Related Component is currently usually £28.45, so for the first four weeks it would be reduced to £14.23.

Sanctions can be imposed if you:

• do not attend or take part in a work focused interview.
• do not take part in compulsory work-related activity.

Sanctions will not be imposed if you have a good reason for not doing the above. They will accept reasons such as:

• having transport problems.
• being unable to attend due to your health problems.
• having language, literacy or learning difficulties.
• the appointment coinciding with a medical appointment that could not be rescheduled (eg, one you've waited months for, or a doctor who is only available on a specific day).
• a loved one passing away.

Having sanctions imposed can make life extremely difficult. It can inadvertently mean that your Housing Benefit and Council Tax Benefit are affected. It will mean that you have problems paying bills, and making ends meet in general.

As such, when you are contacted the first time by your Job Centre Plus Advisor, ask them for their direct telephone number, so that you can contact them under any circumstances. If you ever think that you may be unable to make an appointment or will be late for one, either with them, or with your Work Related Activity, let them know - even if you do turn up after all. Cover your back!

It can also be useful to take a fax number for the Job Centre, so that if you are ill and cannot attend an appointment, your GP surgery can fax through your fit note to them.

Tidbits of ESA Advice

Over the years I've been doing this I've collected bits of advice various people have given, either to me or to other people publicly. You'll find those that don't fit in to any of the other posts here. It may be worth checking back frequently to see what else I've learnt.

1. Even though the DWP tell you that you do not require sick notes (fit notes) after you've had the Work Capability Assessment, it is a good idea to get one if you are placed in the Work Related Activity Group so that you can make it central to your Work Related Activity contract with your Job Centre Advisor.
2. The NICE guidelines state that you should have a plan which is co-ordinated by a medical profssional with knowledge of M.E., including any plan for occupational support. A job centre or work programme advisor is not qualified to make a plan for your Work Related Activity, or to make you do anything that is not in your plan. If you encounter problems in relation to this, it is worth showing them a copy of the NICE guidelines. (Obviously I'll need to find these for you).
3. If you indicate on your ESA50 that your condition is variable, but the health professional who assesses you at the Work Capability Assessment does not address this, it is grounds to challenge the reliability of their report.
4. If you are going to be facing a tribunal panel for your ESA application, something that can be very useful is to get a copy of everything that will go before the tribunal panel; this doesn't just include the evidence you've submitted, but any notes and computer records held on you throughout your application, too. Something useful to you often crops up in these materials. In order to get a copy of these, you need to make a Subject Access Request for the ESA85. They have 40 days to comply with your request. As such it's best to make the request at the same time as you request an appeal.
5. Income Related ESA will come under Universal Credit when it comes into practice. (Contributions Based ESA will not). Under Universal Credit it will be Regulations 25 and 31 that are used in place of Regulations of 29 and 35, for Support Group (Special Circumstances).
6. If your benefit is sanctioned (JSA or ESA) for any reason, you can apply for hardship payments, you should also notify Housing Benefit that you have been sanctioned and effectively have nil income or hardship payments only. Otherwise they may cease your Housing Benefits and Concil Tax Benefit. This can happen months later, when it is harder to prove you had the sanction in place, and can cause all sorts of problems.