Income Support ‘Sanctions’
This factsheet was put together by Tameside MBC Welfare Rights
Service in January 2015. 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.
If you are getting Income Support because you are sick or disabled,
different rules apply- see our ESA sanctions factsheet for more
information.
What is a sanction?
A ‘sanction’ is a reduction in your Income Support for a while, because
you failed to do something you were expected to do. What you are
expected to do depends on whether you are claiming Income Support as
a carer or lone parent (see page 2).
While claiming Income Support, you cannot be sanctioned for refusing to
apply for a job, or for refusing to take up a job that is offered to you.
If you are ‘sanctioned’, your Income Support will be reduced by 20%. So
if you usually get £72.40 a week Income Support, this will be reduced by
£14.85. Sanctions last until you do whatever it was that you were
sanctioned for failing to do (e.g. attend a Work Focused Interview).
You cannot get sanctioned twice in any two-week period. For example,
you miss a Work Focused Interview and you are sanctioned- your
Income Support is reduced by 20%. You arrange a new Work Focused
Interview the next week, but miss that one as well. You cannot be
sanctioned again for this, as two weeks have not passed since the start
of your current sanction. If you then arrange a new Work Focused
Interview in a fortnight’s time, and miss this one too, you will get
sanctioned and your Income Support will be reduced by another 20%.
Your other benefits will not be affected by any Income Support sanction.
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Claiming Income Support as a Lone Parent
1. If your youngest child is under 1 year old, you do not have to
attend Work Focused Interviews or Work-Related Activity (see
below).
2. If your youngest child is aged 1-2, you may be sanctioned if
you do not attend or take part in a Work Focused Interview
without showing ‘good cause’. You do not have to attend WorkRelated Activity. You cannot be forced onto the Work
Programme, and you should not be sanctioned if you volunteer
for it and then drop out.
3. If your youngest child is aged 3-4, you will have to attend and
take part in Work Focused Interviews and Work-Related
Activity. If you fail to do this without showing ‘good cause’, you
may be sanctioned. You cannot be forced to go on the Work
Programme, but if you volunteer for it you may be sanctioned if
you then drop out without showing ‘good cause’.
Claiming Income Support as a Carer
If you or your partner fail to attend and take part in a Jobcentre Plus
interview or Work Focused Interview without showing ‘good cause’, you
may be sanctioned. You do not have to attend Work-Related Activity.
Work-Focused Interviews & Work-Related Activity
If you have to attend and take part in Work Focused Interviews, your
Jobcentre adviser can decide how often these interviews will happen
and how long each interview should last.
If you have to attend and take part in Work-Related Activity, this may
include updating your CV, or attending a training course. Anything you
have to do should be set out in a written action plan, which you are
expected to follow. Any training should take place within ‘normal school
hours’, and you should be able to get any childcare costs (for up to 15
hours per week) and travel costs refunded.
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How can I avoid being ‘sanctioned’?
To help avoid sanctions, let your Jobcentre adviser know in advance
about anything which will affect when you can do Work Focused
Interviews or Work-Related Activity. For example, if you know you
cannot get childcare on a particular day of the week, tell them. If you
cannot attend early morning appointments because you need to help
someone you care for with their morning routine, say so.
If you are told you have to do something which you know you will
struggle with, do not wait to be sanctioned- make an official complaint to
the Jobcentre, in writing.
If you miss an appointment or a training course, you should contact the
Jobcentre within 5 working days to let them know why. If you can show
‘good cause’, you should not ‘sanctioned’. If you cannot show ‘good
cause’, you will be ‘sanctioned’, and you will then have to challenge the
decision if you disagree with it.
I’ve been ‘sanctioned’- what do I do?
If you have been ‘sanctioned’ for failing to do something, you should
contact the Jobcentre as soon as possible and arrange to do it (if you
can). You can still challenge the decision to sanction you.
Because your Income Support is reduced rather than stopped altogether
when you are sanctioned, you cannot claim Hardship Payments.
If you are in financial hardship because of a sanction, you may be able
to get food from a local food bank. 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 section is about challenging Department for Work and
Pensions decisions made after 28th October 2013.
When you challenge a decision to sanction you, you have to say why
you disagree with it. You need to show ‘good cause’ for failing to attend
or take part in a Work Focused Interview or Work-Related Activity, and
provide evidence if possible.
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It is not always clear what is counted as ‘good cause’. Examples of
‘good cause’ could be: someone you care for had an emergency which
meant you could not attend an appointment; you were ill and could not
attend a training course; or you did not understand what was expected
of you because of literacy or language problems or learning difficulties.
You could also argue that the Work-Related Activity in question was
unreasonable, or would not have helped you to find and keep work in the
future.
When challenging a decision in writing (see below), remember to attach
any evidence that backs up your case- copies of letters, printouts of
emails, or the dates and times of any telephone calls.
1.
Mandatory Reconsideration
If you disagree with the DWP’s decision to sanction you, ask them to
look at the decision again. This is called ‘mandatory reconsideration’. It
is best to ask for a ‘mandatory reconsideration’ in writing- keep a
photocopy of your letter, 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
decision to sanction you. 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 your right to appeal the decision, so you should
get specialist advice as soon as possible.
When you ask for a ‘mandatory reconsideration’, a decision-maker may
contact you to ask for further information. Like Jobcentre staff, a
decision-maker is an employee of the DWP. It is their job to decide
whether to lift the sanction or not.
2.
Appeal
Once the DWP have looked at their decision again, you will get two
copies of a ‘mandatory reconsideration notice’ letter telling you whether
or not they have changed their decision.
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If they change their decision in your favour, any Income Support you
have lost as a result of being ‘sanctioned’ will be paid back to you in one
lump-sum.
If they have not changed their decision, 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. It is
best to seek specialist advice from one of the organisations listed on the
next page when completing your SSCS1 form. A guide on how to
complete the form is available at
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/sscs001aeng.pdf.
You need to send the completed SSCS1 form, along with a copy of the
‘mandatory reconsideration notice’ letter, to HM Courts & Tribunals
Service. The address is given within the SSCS1 form. This needs to
have been received by HM Courts & Tribunals Service within 30 days of
the date on the ‘mandatory reconsideration notice’ letter. They may
accept a late appeal in exceptional circumstances, but always seek
specialist advice in this instance.
Your appeal is more likely to be successful if you attend a face-to-face
tribunal hearing. If you wish to do this, tick the box on the form to say ‘I
want to attend a hearing of my appeal’. An adviser may be able to come
along with you to the hearing, or at least help you prepare for it if they
cannot attend.
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
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Benefits And Work www.benefitsandwork.co.uk
Local advice
For help with ‘mandatory reconsiderations’ 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 benefits 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 help provide tribunal
representation, 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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