Changes to sanctions for Employment and Support Allowance claimants from 3 December 2012
Introduction
From 3 December we will be introducing a revised sanctions regime for Employment and Support Allowance (ESA) claimants who are in the Work Related Activity Group (WRAG). The changes are part of a wider package of measures aimed at moving claimants closer to the regime planned for Universal Credit.
The current sanctions system
Under the present system claimants in the WRAG who fail to attend or participate in a work focused interview, or who fail to carry out work related activity agreed with their adviser, receive an open ended sanction. The sanction amount is 50 per cent of the work related activity component, increasing to 100 per cent of the component after four weeks. The sanction is lifted when they re-comply.
What is changing?
Under the new rules ESA claimants in the WRAG who fail to comply with the conditions for receiving benefit will receive an open ended sanction, followed by a fixed period sanction when they re-comply. The fixed period sanction will be one week for a first failure, two weeks for a second failure and four weeks for a third and subsequent failures in a 52 week period.
Claimants who are sanctioned will lose all of their personal allowance, but their work related activity component will not be affected.
Hardship
From 3 December, ESA claimants who are sanctioned under the new rules will be able to apply for hardship payments from the first day of the sanction.
How are we informing claimants about the changes?
From 12 November, we will be sending letters to all claimants that could be affected by the changes.
A helpline will be available from 15 November to 21 December to give general information about the changes. The helpline staff will not have access to individuals’ benefit information.
How will a claimant know if they have received a sanction?
Claimants get a letter when they are invited to a work focused interview or asked to do work-related activity. The letter tells them about the consequences of failing to attend the interview or do the activity. If they fail to comply we will let them know that they have five days to give their reasons. If we impose a sanction we will send a letter to let them know why the sanction has been imposed, and that the sanction will remain in place until they comply followed by a further one, two or four weeks.
They should still take part in work focused interviews and undertake any work related activity they are asked to do by their adviser.
What safeguards are in place for ESA claimants?
Advisers will only ask claimants to take part in work related activities that are reasonable and that take into account their circumstances and capability. This includes health conditions, disability and caring responsibilities.
We will not impose a sanction if a claimant has a good reason for failing to meet the work related requirements. Claimants can appeal to an independent tribunal against a decision to impose a sanction. If the tribunal finds that the sanction should not have been imposed because the claimant had a good reason for failing to meet the requirement, our decision will be overturned.
