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RESIST SANCTIONS!

Sanctions being imposed on UC claimants have soared! People are having their benefits stopped totally unfairly. How can you avoid being sanctioned? And, if sanctioned, what can you do?

AVOIDING SANCTIONS

The most common reason for getting a sanction is failure to attend. This is when the DWP decide that a claimant has missed a mandatory appointment, or has been late arriving, without good reason. If a claimant can give their Work Coach (WC) a good reason for non-attendance before the appointment, this should not be referred to a Decision Maker (DM) for a sanction. Claimants can have a maximum of three consecutive locally allowed good reason decisions from their WC, but the next fail to attend decision will be referred to a DM. Good reasons can include:

• temporary sickness or medical emergency;
• attending a funeral of a close friend or relative on the day of the appointment;
• serious illness, death or emergency affecting a relative or close friend;
• death of someone for whom the claimant is caring;
• being required to attend court or tribunal in any capacity;
• attending a job interview;
• adverse weather conditions;
• the claimant was temporarily looking after a child full time and alternative care could not be arranged;
• there was an unforeseen issue with transportation to carry out the journey.

Always notify the DWP as soon as possible if you know you will not be able to attend the appointment, and give as much detail as you can about the reasons why. If the WC makes a referral despite being given reasons ahead of the appointment, you still have the right to have the DM consider your reasons before imposing a sanction. Claimants should get a reminder to do this posted in their Journal’s To Do section (but beware, these reminders only stay in this list for seven days before disappearing). To avoid a sanction it is vital to inform the DM why you could not attend the appointment.

Other reasons for being sanctioned include:

Leaving a job voluntarily or being sacked from a job for misconduct. ‘Good cause’ for leaving a job voluntarily could be mistreatment by the employer and/or the job was making you ill. If sacked unfairly argue against any sanction, as it was not your fault.

Failure to meet a Claimant Commitment. If you have child care responsibilities, or an illness or disability, these could limit the kinds of work you can do, the hours you can work or your maximum travel to work distance. This should be acknowledged in your Claimant Commitments. Also, if your WC agrees that you can only accept part-time work, then that is the same amount of time you should be expected to carry out job searching.

If a WC wants to add a requirement to your Claimant Commitment ask if it is mandatory. If it is, you will have to accept it unless you can show it is unreasonable to expect you to be able to do it. Otherwise it is voluntary and you can refuse. Be careful, if you accept a voluntary addition to your Claimant Commitment it then becomes mandatory, and you can be sanctioned if you fail to meet it.

If you feel your WC isn’t listening to you or treating you fairly, you have the right to request a change and get transferred to a different WC. If you feel you have been treated badly, make a complaint. If possible, always take someone with you to attend Jobcentre appointments. You have a right to this, and they can be anyone you trust: e.g. a friend, family member, advisor or support worker. An accompanier can be a useful witness to what the WC says to you, and can provide practical and moral support if you feel bullied or harassed.

If, despite your best efforts, you still get sanctioned what can you do?

CHALLENGING SANCTIONS

Always challenge a sanction. Over half the claimants who appeal succeed in getting it changed!

Argue against the sanction

You should submit full information in writing on your Journal as soon as possible to the decision maker, to argue against having a sanction. Act right away. Whether it is a sanction referral, or an actual sanction, whether your benefit is suspended or not, put forward your case in writing as soon as you can. Where possible provide evidence. make sure you give full details of your side of the story. Do not rely on the Jobcentre forwarding all the information they hold about your job seeking to the Decision Maker.

Good reason

A sanction cannot be imposed if you have an acknowledged ‘good reason’ for your actions. If your sanction is for missing or being late for an appointment, a domestic emergency, illness, a funeral and other reasons could constitute good cause. It is up to you to show you have a good reason, but the decision maker should take all the circumstances into account. You must show that you acted reasonably. You should be given sufficient time to explain your reasons and to provide evidence. The DWP says you should be given at least five days, but you might be given less than this if you can be contacted by telephone or electronic means. Make sure you record all the details of your argument in your Journal.

Insist on a meeting with a manager

As soon as you know a sanction referral has been made, then insist on a meeting with a Jobcentre manager to explain why the sanction referral should be withdrawn. We have succeeded in stopping several sanctions this way. If they refuse a meeting then seek solidarity from ECAP and others and consider a demo at the Jobcentre.

Appeal

If the sanction is confirmed, write to ask for a written statement of reasons for the decision. This will help in focusing your arguments against the sanction when you request a Mandatory Reconsideration, which is the first stage of appeal. If this fails you can appeal to the Tribunal Service. It’s best to seek advice and support for this.

Carry on claiming

Do not be intimidated into giving up your claim. Continue signing on, even if your benefit is suspended – if you win you will get the money back, but if you stop signing on, you won’t be able to get backdated money.

Survival

As soon your benefits have been stopped, or as soon as your sanction is confirmed, claim Hardship Payments from the Jobcentre. Do not delay as it will be difficult to get them backdated. As well as claiming Hardship Payments you may be able to get a Crisis Grant from the Scottish Welfare Fund which is run by local councils.

LET’S ACT TOGETHER AND MAKE SANCTIONS UNWORKABLE!

 WHY IS THIS HAPPENING?

The unprecedented wave of sanctions is part of the government’s war on the poor. The rich are trying to get us to pay for the crisis caused by their greed and the chaos of the global profit system. We need to fight back. We need to resist all benefit cuts and link up with any and all struggles resisting austerity.  

It’s no good relying on politicians or political parties, they are part of the problem. We need to organise at the grass-roots and take direct action. Ultimately we need to challenge capitalism – this system is based on the legalised robbery of the majority by the ruling class. Why shouldn’t the world’s resources belong to the world’s people and be used to meet human need?

Opposition to sanctions is growing. Get in touch if you would like to join with us to fight back against sanctions.

MORE INFO

Ex-DWP staff offer free advice on JSA sanctions

More than 40,000 disabled people have had their benefits docked since 2012

See this link for good information from Benefits and Work on combating JSA sanctions

(please note the link to civil legal aid info in the Benefits and Work article is for England and Wales only, here is the link for Scotland)

Dealing with sanctions CPAG

MORE DETAIL ON ARGUING AGAINST SANCTIONS

Info below adapted from “Welfare Benefits and Tax Credits Handbook” which is published by the Child Poverty Action Group – this is an invaluable resource.

Deciding whether you should be sanctioned

A decision maker decides whether you should be sanctioned, often some time after the incident that led to the sanction (the ‘sanctionable action’) took place. Do not presume that because you have not yet been informed of any sanction that your previous action has been excused.

If there is a possibility that you will be sanctioned, make sure you give full details of your side of the story. If you:

• left or were dismissed from a job and it appears there may have been misconduct or you may have left voluntarily without a good reason, your former employer is asked for a statement. You should be given an adequate chance to comment on what s/he says. Your remarks may be passed to her/him for further comments. Make sure you explain why you disagree with the allegation of misconduct or why you had a good reason for leaving. If you are going to an employment tribunal (e.g., to claim unfair dismissal), you should say so. Discuss your reply with whoever is advising you on this, as you may be asked questions at the employment tribunal hearing by your former employer about what you have said;
• refused to apply for or accept a job, what the potential employer says might be taken into account. Make sure you explain what enquiries you made about the nature of the job, and your reasons for not applying for or accepting it.

For training scheme and employment programme related sanctions (including sanctions for failing to participate in specified schemes for assisting people to obtain employment), your scheme or programme provider refers your case to a decision maker. Before a sanction is imposed, you should be given an adequate chance to comment on any statements made against you. 

Good reason

In a number of situations, a sanction cannot be imposed if you have a good reason for your actions. ‘Good reason’ is not defined in the rules, but what may count is set out in guidance.

The factors that may mean you have a good reason depend on the sanction. It is up to you to show you have a good reason, but the decision maker should take all the circumstances into account. You must show that you acted reasonably. You should be given sufficient time to explain your reasons and to provide relevant evidence. The DWP says you should be given at least five days, but you may be given less time than this if you can be contacted by telephone or electronic means.

For ideas about what might count as a good reason, see below.

Circumstances that should be taken into account

The decision maker should take all of your circumstances into account when deciding whether you have a ‘good reason’. Argue that this should include the following.

• Any restrictions or limitations you have been allowed to place on your availability for work, having regard to any discrepancy between these and the requirements of the job, although minor differences might not count. Although you do not necessarily have a good reason for refusing to apply for a job covered by your restrictions or limitations, it is a very significant factor to take into account.
• Any condition of yours or personal circumstances that suggest that a particular job, or scheme or programme, or carrying out a jobseeker’s direction, would be likely to cause you unreasonable physical or mental stress or significant harm to your health.
• A disease or physical/mental disability that meant you were unable to attend a scheme or programme, or your health (or that of others) would have been at risk if you had done so.
• You misunderstood what you had to do because of language, learning or literacy difficulties, or because you were misled by the DWP.
• You (or someone for whom you care) were attending a medical, dental or other important appointment which would have been unreasonable to rearrange.
• You are the victim of domestic violence or of bullying or harassment.
• A sincerely held religious or conscientious objection.
• Caring responsibilities that make it unreasonable for you to do the job, attend an interview, participate in the scheme or programme or carry out a jobseeker’s direction. This should include whether suitable childcare would have been (or was) reasonably available;
• You are homeless.
• Any transport difficulties.
• Excessive travelling time involved between your home and the place of work or the scheme or programme or a place mentioned in a jobseeker’s direction
• Unreasonably high expenses (e.g., for childcare or travel) that were (or would be) unavoidable if you had taken the job or carried out the jobseeker’s direction.

Account should also be taken of any other factor that appears relevant. In particular when the terms of a job on offer break the laws on minimum working conditions.

Refusing a job

You may be able to show you have a good reason for refusing a job, for example, if:

• the travelling time to or from the job was more than one hour and 30 minutes
• you are within your ‘permitted period’ and have restricted the type of work for which you are available to your usual occupation or to at least your usual rate of pay, and you refuse a job that does not meet these conditions
• you have been laid off or are on short-time working, have been accepted as available only for casual employment , and you refuse to take some other type of work
• you come under the rules that exempt you from having to be able to start work immediately, and you refuse to take a job which you would have to start immediately

Note: you cannot be given a sanction if you refuse a job because it is vacant because of a trade dispute.

The effect of minimum working conditions

Employers are required to provide certain minimum working conditions and pay a minimum wage.  Try to argue that you have a good reason for not applying for any job where the terms do not comply with the legal requirements. Make sure that this is the case, particularly where the Working Time Regulations are concerned, as there are many exceptions and opt-outs that might apply. If the terms offered break the rules about the hour limit on the average working week, it is possible that the DWP might suggest that you agree to an ‘individual opt-out’. Argue that this would be unreasonable, as the working time rules are intended to protect the health and safety of workers.

Argue that you have a good reason for refusing a job if you do so because it does not pay at least the national minimum wage that applies to you. The DWP has accepted this in the past and should continue to do so.

Leaving a job, training scheme or ’employability’ programme

If the conditions of a job or of a training scheme or employment programme are poor, if possible you should try to sort out any problems (e.g. by raising them with your employer or the scheme or programme provider, or using any grievance procedure) rather than leaving immediately, and to look for another job seriously before giving one up. You may have difficulty showing you have a good reason if you do not do so.

Note: in some cases, you cannot be given a sanction if you leave a job in specified circumstances – e.g. because you are laid off or are on short time working.  

The decision maker should take into account:

• any caring responsibilities you have which made it unreasonable for you to stay in your job and whether suitable childcare was (or could have been) available; and
• any childcare expenses you had to pay as a result of being in the job, if they amounted to an unreasonably high proportion of the income you received.

You may be able to show you have a good reason for leaving a job in the following situations:

• Your chances of getting other employment, including self-employment, were good and, in addition, there were strong reasons for leaving your job and you acted reasonably in doing so.
• You genuinely did not know or were mistaken about the conditions of the job (eg, it was beyond your physical or mental capacity, or was harmful to your health), you gave it a fair trial before leaving and it was reasonable for you to leave when you did.
• You left your job for personal or domestic reasons – eg, you gave up work to look after a sick relative.  Explain why you left your job before looking for alternative employment. It could be helpful to show that you tried to negotiate an arrangement with your employer to resolve the problem – eg, for a reduction in your hours or time off work.
• You left your job to move with your partner who has taken a job elsewhere. Relevant factors may include how important it was to your partner’s career to make the move and how good your chances are of finding work in the new area.
• Your employer made a change in the terms and conditions of your employment that does not amount to your contract of employment ending. You are expected to use any grievance procedure first.

If you leave your job because your employer cuts your wages unilaterally, you might not be able to show you have a good reason. However, a cut in pay can mean your existing contract of employment has ended and, therefore, you have been dismissed rather than having left your job.

• You left your job because of a firm offer of alternative employment, but claimed benefit because the offer fell through. However, the DWP may say you do not have a good reason if the offer was cancelled before you left your previous employment or you changed your mind and did not take the new job and you could have stayed in the existing employment, or did not ask your employer if you could stay.

You may be able to show you have a good reason for leaving a training scheme or employment programme in the following situations.

• You gave up a place and your continued participation would have put your health and safety at risk.
• The travelling time to or from the scheme or programme was excessive.
• You had caring responsibilities, no one else was available to provide the care, and it was not practical to make other arrangements.
• You were attending court as a party to the proceedings, a witness or a juror.
• You were arranging or attending the funeral of a close relative or a close friend.
• You had to deal with a domestic emergency.
• You were engaged in activities of benefit to the community – eg, crewing or launching a lifeboat, working as a part-time firefighter or doing work as part of an organised group for the benefit of others in an emergency.

Note: these reasons may also enable you to show you have a good reason for failing to participate in the scheme or programme.

The effect of minimum working conditions

Employers are required to provide certain minimum working conditions and pay the minimum wage.

Is your employer not complying with the legal requirements?

1. Do everything possible to resolve problems before giving up your job.

2. If all else fails or if you think that the hours you are expected to work or the amount of pay you receive is intolerable, you might decide to give up work. The laws about minimum working conditions could help to show that you have a good reason for doing so. Point out that the intention of the Working Time Regulations is to protect the health and safety of workers, so conditions that do not comply with them should be regarded as unacceptable.

3. You are likely to have difficulty showing you have a good reason for leaving a job just because the pay is low. However, in the past, the  DWP has said that this does not apply if you left your job because you tried to get your employer to pay the national minimum wage and your employer was not doing so.

Other scheme and employment programme related sanctions

For the purpose of training scheme and employment programme sanctions, you may be able to show you have a ‘good reason’, for example, if:

• you had a disease or physical/mental disability that meant you were unable to attend, or your health (or that of others) would have been at risk if you had done so;
• you gave up a place and your continued participation would have put your health and safety at risk;
• your failure to participate resulted from a sincerely held religious or conscientious objection;
• your travelling time to or from the scheme or programme was excessive;
• you had caring responsibilities, no one else was available to provide the care, and it was not practical to make other arrangements;
• you were attending court as a party to the proceedings, a witness or a juror;
• you were arranging or attending the funeral of a close relative or a close friend;
• you had to deal with a domestic emergency;
• you were engaged in activities of benefit to the community – eg, crewing or launching a lifeboat, working as a part-time firefighter or doing work as part of an organised group for the benefit of others in an emergency.

HOW TO APPEAL A DWP BENEFITS DECISION – LEAFLET

[Last updated: February 2024]