Introduction
Let’s kick off by dispelling the main myth about sanctions. Sanctions are not on the rise. The number of sanctions imposed on benefit claimants in fact peaked in 2013 and since then, possibly as a consequence of the negative publicity they generated, has been steadily falling.
Dr David Webster, economist and fellow at Glasgow University, has been tracking and analysing sanctions since their introduction. His research shows that from a peak of about 8% of all claimants per year in 2013, the rate of sanctions has declined steadily. Today (March 2018) around 1.3% face sanctions.
However, while sanctions overall may be falling, sanctions imposed on Universal Credit claimants are very high. According to Dr Webster’s figures, taken from the official DWP statistics, in the 12 months to October 2017 UC sanctions accounted for over two-thirds (71%) of all sanctions imposed. This is much more alarming when you consider the relatively small number of benefit claimants on UC.
The sanctions imposed on UC claimants have been toughened too, as Dr Webster explains: “Sanctions are lengthened by being made consecutive, not concurrent. Hardship payments become repayable. Given that repayments are made at the rate of 40% of benefit – the same as the amount by which a hardship payment is lower than the benefit – this means that for claimants receiving hardship payments, UC sanctions are in effect 2½ times as long as their nominal length.” Or put it another way, as UC claimants have to repay any hardship payments, they will be repaying them long after any sanction ought to be finished.
OUR FOUR KEY APPROACHES TO SANCTIONS
- Full disclosure. Make sure that your client has fully disclosed their circumstances, particularly any issues that may prevent them from full-time job search or taking any job that comes along.
- Get their commitment level changed
- Challenge the first sanction as a matter of course
- Take any challenge all the way
1. FULL DISCLOSURE
By the time someone is in trouble with Jobcentre Plus, it’s too late to do anything about the original commitment. But it’s worth taking a look at the claimant commitment below, and it’s also worth having this information to hand for anyone who is moving on to benefits or migrating to Universal Credit. Full disclosure is the only way forward at that initial meeting, as what is agreed there will be the foundation of any action that results in sanctions later. So any barriers to employment must be thoroughly explained to the Work Coach or Personal Adviser at that point. We would recommend that claimants prepare a written statement before they go to their first Jobcentre interview detailing any barriers to seeking employment and also provide evidence of them.
Download a sample claimant commitment here
2. CHANGING THE LEVEL OF COMMITMENT
It is possible to change a claimant’s level of commitment, but only if their circumstances change. In the first instance they should call the Universal Credit Helpline and ask to make an appointment. Follow the link below for full guidelines from Citizens Advice.
Citizens Advice on changing your level of commitment
If claimants can’t keep to their JSA or UC agreement they need to notify the JobCentre as soon as possible…
Citizens Advice on what to do if you can’t keep to your JSA agreement
Work Coach
Although work coaches and personal advisers have some discretionary leeway that may affect your sanctions, such as whether or not to report you for missing an appointment or simply allowing you to remake it, they are not the decision makers and have to refer that up the line to a designated DWP decision maker who will impose the sanction.
While it is always possible to ask your work coach to have any decision reviewed by someone else, it is not clear at the moment whether you can ask to change your work coach, for instance in the case of a personality clash.
3. CHALLENGE THE FIRST SANCTION AS A MATTER OF COURSE
UC Practitioners Forum, B&NES, report that it is essential to challenge first sanction if in question, even if claimant doesn’t want the hassle. Otherwise there’s a major risk, something else could happen (a lesser or less questionable infringement) leading to harsher sanctions and it’s too late to claim the first wasn’t reasonable.
In the first instance, claimants should ask for a ‘mandatory reconsideration’ of the decision on sanctions.
4. TAKE ANY CHALLENGE ALL THE WAY
Is it worth challenging sanctions? Resoundingly yes, and it seems that in particular too few Universal Credit sanctions are being challenged:
From Dr David Webster’s March 2018 briefing (highlighting is ours):
“The proportion of UC sanctions challenged has been only 16.0%. Of these challenges, only 29.1% have succeeded, with the result that only 4.7% of UC sanctions have been overturned. These are very low proportions compared to JSA and ESA. The success rate of UC sanction challenges at Tribunal has been a very high 80.2%, indicating that too few claimants are taking their cases to Tribunal. Out of 417,000 UC sanctions imposed to date, only 1,086 or 0.3% have reached a Tribunal.
Over the same period since August 2015, 23.1% of JSA sanctions have been challenged, and 76.1% of the challenges have succeeded, so that 17.6% of the sanctions have been overturned. For ESA, over the same period, 62.1% of sanctions have been challenged, and 41.2% of the challenges have succeeded, so that 25.8% of the sanctions have been overturned. ”
Advice for claimants who have been sanctioned
Rather than repeat perfectly good advice available elsewhere, follow the links below for Citizens Advice support.
JSA sanctions
If your JSA has stopped or been reduced
Applying for a JSA Hardship payment
Check if you can challenge a JSA sanction
Challenging a JSA decision – mandatory reconsideration
Appealing a JSA decision at a tribunal
ESA sanctions
What to do if you’ve been sanctioned while on ESA
Universal Credit
What to do if you’ve been sanctioned while on Universal Credit
Check you’ve been given the right sanction
Arguments for challenging a sanction
Get a hardship payment if you’ve been sanctioned
