1. 1 Building services through partnership
Majella O'Dwyer Advice Partners Telford

2. Advice Partners Telford
Welfare Reform
Sanctions
Majella O’Dwyer
Advice Partners Telford 2
Majella O'Dwyer Advice Partners Telford

3. Why Welfare reform
The Government’s welfare reform agenda aims to simplify the benefits system,
Save money (£18 billion by 2014),
Lessen welfare dependency
Make Work pay.
Every area of the benefit system is set to change and will affect different groups of people in various ways.
For existing claimants, some of these changes may mean they will no longer meet the more restricted eligibility criteria, so many will have to adjust to a change in income or monthly benefit payments. 3
Majella O'Dwyer Advice Partners Telford

4. JSA Claimant Commitment
WELFARE REFORMS
Tee
Claimant Commitment
JSA and ESA benefit Sanctions
Mandatory Reconsideration
JSA Claimant Commitment 4
Majella O'Dwyer Advice Partners Telford

5. Commitment clarifies expectations and consequences
Claimant Commitment
Commitment clarifies expectations and consequences
Clarifies what people are expected to do in return for benefits 5
Majella O'Dwyer Advice Partners Telford

6. Claimant Commitment
The Claimant Commitment strengthens the ability of Jobcentre Plus staff to support claimants back into work at the earliest opportunity.
It redefines the relationship between the welfare state and claimants. In return for state support, we expect claimants to do all they can to meet their responsibilities to return to work
The Claimant Commitment started in Telford on January 6th 2014 6
Majella O'Dwyer Advice Partners Telford

7. Claimant Commitment
When someone makes a new claim for JSA or returns to JSA from the Work Programme they will attend an interview with a work coach.
At the interview they will agree a personal plan outlining what the claimant will do as part of their Claimant Commitment to give themselves the best chance of finding work.
This could include regular specific tasks and training opportunities
The work coach will explain the penalties claimants could face for failing to meet their responsibilities to get into work.
They will review the plan regularly. 7
Majella O'Dwyer Advice Partners Telford

8. Jobseekers allowance Sanctions 8
Majella O'Dwyer Advice Partners Telford

9. this is called a sanction.
What is a sanction
Some kinds of behaviour can lead to your benefit being stopped or reduced for either a fixed or open-ended period of time—
this is called a sanction.
Most sanctions happen when the conditions of your jobseeker’s allowance are not met 9
Majella O'Dwyer Advice Partners Telford

10. Reasons for JSA Sanctions
Not keeping to the Jobseeker's agreement/ claimant commitment
Not taking enough steps to find work
Failing to follow a Jobseeker's direction, or failure to take part in the Work Programme
Not being available for work
Not attending an adviser interview
Refusing or failing to apply for a suitable job
Leaving a job voluntarily 10
Majella O'Dwyer Advice Partners Telford

11. Good Reason
Remember, you should not be sanctioned if there was a good reason for your behaviour.
It is also important to make sure any valid restrictions such as caring for children or any disability restrictions are put into your jobseeker’s agreement/ commitment so the DWP can take these into account. 11
Majella O'Dwyer Advice Partners Telford

12. How Long do Sanctions last
Sanctions can last for 4, 13 or 26 weeks (but can be for up to a maximum of three years)
How long they last depends on what Jobcentre Plus feels you have done or failed to do, and how many times you have acted in this way within the last year. 12
Majella O'Dwyer Advice Partners Telford

13. Hardship payments
If you loose benefit as a result of a sanction you can claim a hardship payment.
For example if you cannot afford rent or food, or you need to buy medical or hygiene supplies a hardship payment would provide you with the money to pay for these things.
Remember it is important to apply for a hardship payment as you may be told to do this before receiving support from your local authority.
Ask the JCP about claiming a hardship payment
Complete an application form (available for JCP) 13
Majella O'Dwyer Advice Partners Telford

14. hardship payment
If you are in a vulnerable group you should receive a hardship payment the next time you would usually get your Jobseeker’s Allowance.   14
Majella O'Dwyer Advice Partners Telford

15. Vulnerable Group Have a Disability You are pregnant
Caring for children
Single and looking after a 16 or 17 year-old
Have a long-term physical medical condition
Caring for someone who is long-term sick or disabled
A young person who has left local authority care in the last three years
 Aged 16 or 17, in some circumstances 15
Majella O'Dwyer Advice Partners Telford

16. Remember Housing benefit
Housing benefit and council reduction will be stopped following a sanction until you provide up to date information about your new weekly income to prevent any possible overpayments. 16
Majella O'Dwyer Advice Partners Telford

17. What is an ESA sanction
A sanction is when your employment and support allowance is reduced because you didn't meet the rules about work-related activity or attending work focused interviews. 17
Majella O'Dwyer Advice Partners Telford

18. ESA sanctions
People in the work-related activity group ( WRAG) can be sanctioned if they do not attend work-focused interviews or mandatory work-related activity without a good reason.
You cannot be sanctioned for not taking a job but sanctions can be imposed for not attending or taking part in a work-focused interview, or not taking part in compulsory work-related activity. 18
Majella O'Dwyer Advice Partners Telford 18

19. Dispute Sanctions
Cannot be sanctioned if you have good reason for non compliance with the rules
Examples of good reasons :-
Transport problems
Health or disability issues prevented compliance
Learning difficulties, language or literacy difficulties
Medical appointment that could not be changed
Bereavement
Other circumstances may be considered. 19
Majella O'Dwyer Advice Partners Telford 19

20. How long do ESA sanctions last
The sanction will last until you attend and take part in the work-focused interview or take part in with the work-related activity.
It will also end if you are moved into the ESA support Group
or if you stop being entitled to employment and support allowance.
People who are sanctioned under the new rules will be able to apply for hardship payments from the first day of the sanction. 20
Majella O'Dwyer Advice Partners Telford 20

21. What to do when Sanctioned
If you are sanctioned, remember to apply for a hardship payment as soon as possible by completing the hardship form available from the Jobcentre.
Also remember to tell revenues and benefits of your current income, or if you have no income make nil income declaration in writing.
If you disagree with the sanction, get advice on how complete a mandatory reconsideration See Majella   21
Majella O'Dwyer Advice Partners Telford

22. Mandatory Reconsideration before appeal
From 28 October 2013 you can only appeal against a decision on a DWP-administered benefit after you have asked the DWP to ‘reconsider’ their decision, in other words, to look at their decision again. As this is a required step on the way to making an appeal it is called ‘mandatory reconsideration'.
The DWP has no time limit to complete mandatory reconsiderations. 22
Majella O'Dwyer Advice Partners Telford

23. Mandatory Reconsideration
You can ask for a reconsideration in writing, in person, or by phone.
You must ask within the dispute period.
This is usually one month from the date of the decision
It is best to in writing- always keep a copy 23
Majella O'Dwyer Advice Partners Telford

24. Mandatory Reconsideration
Part of the mandatory reconsideration process is that the decision maker will try to phone you to explain the decision and ask you to provide any additional evidence that may help your case (for example, a letter from a health specialist not previously sent to DWP).
The decision maker will make at least two attempts to call you, at least three hours apart. If they can't reach you, they will go ahead with the mandatory reconsideration on the basis of the evidence that is already available to them.
If during the call you say you have further written evidence the decision maker will wait to receive it and postpone the mandatory reconsideration for a month, to allow you time to send the evidence. 24
Majella O'Dwyer Advice Partners Telford

25. Sanctions Key points Welfare Reform
Claimant commitment in place of jobseekers agreement
If you do not keep to the agreement / commitment = Sanctions
Ensure to Contact Housing benefit
Apply for Hardship Payment
Challenge the decision - Via Mandatory Reconsideration
Majella / Jenny can assist you 25
Majella O'Dwyer Advice Partners Telford