Jobseekers Allowance (JSA) ‘Sanctions’
This factsheet was put together by Tameside MBC Welfare Rights
Service in November 2014. It is a general guide and does not cover
every circumstance. Though we have tried to make sure it was
correct at the time of publication, it may become inaccurate over
time, for example because of changes to the law.
Different rules may apply if you are aged 16-17, or if you are old
enough to claim Pension Credit but are claiming Jobseekers
Allowance instead. Seek advice if you fall into one of these groups
and have been sanctioned.
What is a sanction?
A ‘sanction’ is when your Jobseekers Allowance (JSA) is stopped for a
set length of time. This is usually because the Department for Work &
Pensions (DWP) say you have failed to do enough to find work, be
available to work, or stay in work. How long you are ‘sanctioned’ for
partly depends on what the Jobcentre says you have failed to do. There
are three levels of sanction, which are summarised in the table below:
‘Higher level sanctions’ (13 weeks, 26 weeks, or 156 weeks)
- Losing a job because of ‘misconduct’, or leaving voluntarily
- Refusing a job, or failing to apply for a job
- ‘Neglecting to avail’ yourself of a job (e.g. acting in such a
way that you lose the chance of getting a job, not attending
or participating in a job interview, attending an interview
late, not filling out a job application form properly, or
imposing unreasonable conditions on a prospective
employer so that a job offer is withdrawn)
- Failing to attend or participate in ‘Mandatory Work Activity’
‘Intermediate sanctions’ (4 weeks or 13 weeks)
- If you stop being ‘available for or actively seeking work’
‘Lower level sanctions’ (4 weeks or 13 weeks)
- Failing to attend or participate in Jobcentre appointments
- Failing to attend or participate in a Jobcentre scheme other
than ‘Mandatory Work Activity’
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- Failing to carry out a ‘Jobseeker Direction’
- Giving up a place on a training scheme or employment
programme, or failing to attend if given a place
- Failing to apply for or accept a place on a training scheme
or employment programme
- Losing a place on a training scheme or employment
programme through misconduct
- ‘Neglecting to avail’ yourself of a place on a training
scheme or employment programme
The length of a sanction partly depends on how many sanctions you
have had in the last 52 weeks. For example, you may only get
‘sanctioned’ for 4 weeks the first time you miss a Jobcentre appointment.
But if you miss a second Jobcentre appointment in the next 52 weeks,
you risk then getting ‘sanctioned’ for 13 weeks. It is important to
challenge every sanction which you believe to be wrong, to avoid longer,
more severe sanctions in the future (see pages 5-6).
If you are claiming JSA with a partner, but only one of you is sanctioned,
your JSA will be reduced for the length of the sanction (rather than being
stopped altogether).
How can I avoid being ‘sanctioned’?
When you claim JSA, you’ll be asked to agree and sign a Claimant
Commitment that sets out the kind of work you agree to look for, and the
steps you agree to take to look for work.
Try to make sure your Claimant Commitment does not include anything
you will struggle with (e.g. because you are a parent responsible for a
young child, a carer, a volunteer, or because you have a health condition
or disability). If there is anything included on it that you know you cannot
do, you should explain this to the Jobcentre adviser. You can sign a
Claimant Commitment you disagree with, then ask for any changes you
want to make to be looked at by a DWP ‘decision maker’.
You should keep a written record of what you have done to look for
work. If you do not give your Jobcentre adviser access to your on-line
‘Universal Jobmatch’ account, you will have to provide other evidence of
what you have done to look for work at every Jobcentre appointment.
If you are not carrying out everything in your Claimant Commitment, the
Jobcentre will refer you to a ‘decision maker’. You need to demonstrate
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why you have not been doing everything, and show ‘good cause’. If you
cannot show this, you may be ‘sanctioned’.
It is not always clearly defined what is counted as ‘good cause’. Bear in
mind that you are expected to prioritise looking for work and attending
Jobcentre appointments, except in very exceptional circumstances.
If you know you will be late for a Jobcentre appointment, or if you cannot
attend at all, let the Jobcentre know in advance. Give your reasons, and
keep a record of who you spoke to and when.
If you are told your claim has been suspended because of ‘a query
about your entitlement’, this means you may be ‘sanctioned’. You should
contact your local Jobcentre immediately. Once you know what the
Jobcentre is saying you have failed to do, explain your reasons for not
doing it.
I’ve been ‘sanctioned’- what do I do?
If your JSA is stopped because you have been sanctioned, there are a
few things you need to do.
Firstly, you need to keep signing-on, and doing all the things you have
agreed to do in your Claimant Commitment, or else you will risk getting
another (even longer) sanction.
Also, if you are getting Housing Benefit or Council Tax Support, you
need to let Tameside MBC know you have been ‘sanctioned’ by ringing
0161 342 8355. When you are ‘sanctioned’, Tameside MBC may
suspend your Housing Benefit and Council Tax Support until you contact
them. Therefore if you do not contact them, you could get into arrears
with your rent, which may then put you at risk of eviction.
If you know you are going to struggle with no income, you can ask the
Jobcentre for an application form for Hardship Payments. Fill out this
form and get it back to them as soon as possible. On the form, say as
much as you can about why you cannot afford basic things like food and
heating for you and your family. For single people, Hardship Payments
are 60% of what you would have got on JSA (80% if you are pregnant or
seriously ill).
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If you are in one of the following groups of people, and qualify for a
Hardship Payment, this can be paid from the first day of your sanction:
- Pregnant women
- Parents looking after a child
- People with a chronic health condition which has lasted or is likely
to last for at least 26 weeks.
- Young people aged under 21 who used to be ‘looked-after’ by a
local authority (i.e. who were in care as a child).
- Carers of someone who is claiming Attendance Allowance,
Personal Independence Payment (daily living component),
Disability Living Allowance (higher or middle rate care), or Armed
Forces Independence Payment.
- 16-17 year-olds.
If neither you nor your partner fit into one of these groups, and you
qualify for a Hardship Payment, this is paid from the 15th day of your
sanction.
If you are turned down for Hardship Payments, you can re-apply later.
The longer your sanction lasts, the more likely it is that you will be seen
to be facing hardship. You can also challenge the decision to refuse you
Hardship Payments by following the process on pages 5-6 of this
factsheet.
Food banks provide free food to people in a crisis. For information on
food banks in Tameside, check out
http://tamesidefoodbanks.madewithjam.org/. You may need to be
referred by an organisation like Tameside Citizens Advice Bureau to get
a food parcel.
How do I challenge a sanction?
This information relates to challenging DWP benefits decisions
made after 28th October 2013.
When you challenge a decision to sanction you, you have to say why
you disagree with it. If you are ‘sanctioned’ because the Jobcentre
wrongly says that you did not do something, you need to show evidence
that you did it. If you had ‘good cause’ for failing to do something,
explain why, and provide evidence of this if possible.
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Evidence could be copies of letters, printouts of emails, copies of your
jobs diary, or the dates and times of any telephone calls. When posting
evidence to the DWP, remember to keep copies for yourself.
1.
Contact the DWP
If your Jobseekers Allowance has stopped and you don’t know why, ring
the DWP on 0345 608 8545 (textphone 0345 605 5255) for an
explanation. You may have been sanctioned, or there may be another
reason why your JSA has stopped. Record the date and time of your
call, and the name of the person you spoke to.
2.
Mandatory Reconsideration
Once you have a letter from the DWP saying you have been
‘sanctioned’, you can ask them to look at their decision again if you
disagree with it. This is called ‘mandatory reconsideration’. It is best to
ask for a ‘mandatory reconsideration’ in writing: post your letter to the
address given on the DWP letter, keep a photocopy of the letter you
send, and get proof of postage. You can also ask for a ‘mandatory
reconsideration’ by ringing 0345 608 8545 (textphone 0345 605 5255):
record the date and time of your call, and the name of the person you
spoke to.
You must ask for a ‘mandatory reconsideration’ within 1 month of the
date on the DWP letter. If you are doing this in writing, your letter needs
to get to the DWP before the 1 month deadline. If you have missed the
deadline, you may lose the right to appeal the decision, so get specialist
advice as soon as possible.
You may be contacted by a DWP decision-maker for any further
evidence to support your request for a ‘mandatory reconsideration’.
3.
Appeal
Once the DWP have looked at their decision again, you will get a
‘mandatory reconsideration notice’ letter telling you whether or not they
have changed their decision to sanction you. If the decision is not
overturned and you still disagree with it, you can now appeal directly to
an independent tribunal, which has the power to overturn the DWP’s
decision.
To appeal, you need to use form SSCS1, which is available at
http://www.justice.gov.uk/downloads/forms/tribunals/sscs/sscs1.pdf.
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You need to send the completed form, along with the ‘mandatory
reconsideration notice’ letter, to HM Courts & Tribunals Service. This
needs to be received by HM Courts & Tribunals Service within 30 days
of the date on the ‘mandatory reconsideration notice’ letter. A late
request can be made in very exceptional circumstances, but seek
specialist advice first.
It is best to get advice before filling out form SSCS1. If you tick the box
on the form saying you want to attend your hearing, a specialist adviser
may be able to come along with you to the hearing. An adviser may be
able to help you prepare for the hearing, even if they can’t come to it
with you.
After the hearing, you can only appeal the tribunal’s decision if it made a
mistake in how it interpreted the law. You should always get specialist
advice if you are thinking about appealing a tribunal’s decision.
Further information
Advice Tameside www.advicetameside.org.uk/
Tameside MBC Welfare Rights
www.tameside.gov.uk/benefits/welfarerights
Turn2Us www.turn2us.org.uk
Benefits And Work www.benefitsandwork.co.uk
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Local advice
For help with ‘mandatory reconsiderations’, hardship payments and food
banks.
Tameside Citizens Advice Bureau offers information and advice on a
whole range of problems at their drop-in (09:30-12:30 every weekday) at
Ashton Customer Services (Tameside MBC, Council Offices, Clarence
Arcade Stamford Street, Ashton-Under-Lyne, OL6 7PT).
For specialist advice, including help challenging a benefit decision:
Tameside MBC Welfare Rights Service offers telephone advice on
benefits on 0800 0749985 (09:30-12:30, Mondays, Wednesdays and
Thursdays). The Welfare Rights Service can provide representation at
tribunal hearings, and help you prepare for your hearing.
If you are a New Charter tenant, you can get advice and help with your
benefits by ringing 0161 3312200.
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