New JSA and ESA sanctions regime (2012)

[Important update about this site: http://refuted.org.uk/foi/august/]

Contents

1) JSA legislation
1.1) ESA legislation
2) Decision Makers Guidance: JSA DMG 37/12 (Contains examples of how sanctions are applied and ended)

1) JSA legislation

The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012 http://www.legislation.gov.uk/uksi/2012/2568/contents/made

DWP overview of the JSA sanctions regime introduced on 22/10/12

“The new JSA sanctions regime, which was introduced from 22 October 2012 has the following sanctions:

  • higher level sanctions (for example for leaving a job voluntarily) will lead to claimants losing all of their JSA for a fixed period of 13 weeks for a first failure, 26 weeks for a second failure and 156 weeks for a third and subsequent failure (within a 52 week period of their last failure)
  • intermediate level sanctions of 4 weeks for a first failure, rising to 13 weeks for a second or subsequent failures (within a 52 week period of their last failure) may be applied following a period of disallowance for not actively seeking employment or not being available for work
  • lower level sanctions (for example for failing to attend an adviser interview) will lead to claimants losing all of their JSA for a fixed period of 4 weeks for the first failure, followed by 13 weeks for subsequent failures (within a 52 week period of their last failure)” https://www.gov.uk/government/news/benefit-sanctions-ending-the-something-for-nothing-culture

1.1) ESA legislation

The Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012
http://www.legislation.gov.uk/uksi/2012/2756/contents/made
(Summary and explanatory note: http://www.legislation.gov.uk/uksi/2012/2756/note/made)

“The new sanctions regime for people on ESA in the Work Related Activity Group (WRAG) was introduced from 3 December 2012. Under the new rules ESA claimants in the WRAG who fail to comply with the conditions for receiving benefit receive an open ended sanction, followed by a fixed period sanction when they re-comply. The fixed period sanction will be 1 week for a first failure, 2 weeks for a second failure and 4 weeks for a third and subsequent failures in a 52 week period.” https://www.gov.uk/government/news/benefit-sanctions-ending-the-something-for-nothing-culture

2) Decision Makers Guidance: JSA DMG 37/12

Decision Makers Guidance: DMG 37/12 https://www.gov.uk/government/publications/decision-makers-guide-memos-staff-guide (Contains examples of how sanctions are applied and ended)

64. Application of a sanction to a new award.

Example: “A sanction decision has been made on Karen’s award of JSA. This sanction is due to a disallowance on availability grounds on a previous award of JSA. The sanction is due to end on 12.11.12 but Karen finds remunerative work and her award of JSA ends on 26.10.12. Karen’s temporary job comes to an end and she makes a new claim for JSA with a date of claim of 8.11.12. This award of JSA will be sanctioned with a sanction running from the date of claim to 12.11.12 because there was still an outstanding sanction on her last award of JSA...

Exceptions

68. From 22.10.12 if a claimant becomes re –entitled to JSA after being in employment for

1.      26 weeks or more or

2.      more than one period of employment where the total of those periods amount to at least 26 weeks

the balance of the most recent sanctionable failure will be lifted and not applied to the new award.

Notes: Welfare rights law and DWP guidance, in particular, changes frequently. You may find more recent information via http://refuted.org.uk/category/ or by using the website search facility (top right)

Page created: 8th August 214

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