Income Support Sanctions

Transcription

1 Income Support Sanctions This factsheet was put together by Tameside MBC Welfare Rights Service. 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. If you usually receive the applicable amount of Income Support, this will be reduced depending on your circumstances. Please get advice if you need to challenge your sanction. 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. 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 further. Your other benefits will not be affected by any Income Support sanction. 1

2 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 Work- Related 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. 2

3 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 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 28 th October 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 3

4 or take part in a Work Focused Interview or Work-Related Activity, and provide evidence if possible. 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 s, 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 (textphone ). 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. They may accept a late mandatory reconsideration request, but get advice in this instance. 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 4

5 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. 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 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 d=3038 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 5

6 Tameside MBC Welfare Rights Turn2Us Benefits And Work Local advice For help with mandatory reconsiderations, 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 Citizens Advice Tameside 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 (09:30-12:30, Mondays and Wednesdays). 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