Can basic rate ESA BE Sanctioned?

ljr10

Does anybody know if it is posibble to be sanctioned of your basic rate ESA?, either during the assessment phase or appeal from a wca failure?
formerly I was under the understanding that the work related component was the only money that could be affected if a sanction was applied for whatever reason but there seems to have been a change in the regulations in dec 2012 which now states that the work related component is untouched but the basic rate can be stopped in full?
Does anybody know anything about this/these newer regulations or how they could possibly apply in the situation i mentioned?

Morlock

The sanctions regime was changed on the 3rd December 2012, where previously the work related activity component was sanctioned, it is now personal allowance which is sanctioned whilst the WRAC is still paid.

If at any point a claimant is required to attend a work-focussed interview or carry out other work related activity but fails to do so, a sanction can be imposed. The assessment phase of ESA normally requires attendance at a WFI under threat of sanction.

ljr10

Morlock wrote: »

The sanctions regime was changed on the 3rd December 2012, where previously the work related activity component was sanctioned, it is now personal allowance which is sanctioned whilst the WRAC is still paid.

If at any point a claimant is required to attend a work-focussed interview or carry out other work related activity but fails to do so, a sanction can be imposed. The assessment phase of ESA normally requires attendance at a WFI under threat of sanction.

Thanks for the response.
so if someone is not in receipt of WRAC they can still have all of their personal allowance money stopped? leaving them with nothing?

Morlock

ljr10 wrote: »

Thanks for the response.
so if someone is not in receipt of WRAC they can still have all of their personal allowance money stopped? leaving them with nothing?

That's correct, if a claimant receives no WRAC, entitlement to any ESA payments will cease if a sanction is imposed.

ljr10

Morlock wrote: »

That's correct, if a claimant receives no WRAC, entitlement to any ESA payments will cease if a sanction is imposed.

Ok Thanks.
you seem pretty knowledgeable so i was wondering if you could answer one more question for me please?
During an appeal for ESA am i obligated to take part in the work programme?
I ask this as i am at the moment being made to do so but i have read in this document( Q and A at bottom of page 3) that i should be exempt?
if you could give me any info on this and maybe take a look at the document it would be much appreciated. thanks
Here is the link:

http://www.dwp.gov.uk/docs/work-programme-faqs.pdf

rogerblack

ljr10 wrote: »

During an appeal for ESA am i obligated to take part in the work programme?
I ask this as i am at the moment being made to do so but i have read in this document( Q and A at bottom of page 3) that i should be exempt?

This does not quite say that.
It says that if you are on appeal you cannot be referred to the work program.
It doesn't say that during an appeal you are not obligated to continue your existing work program requirements.

osdset

Morlock wrote: »

The sanctions regime was changed on the 3rd December 2012, where previously the work related activity component was sanctioned, it is now personal allowance which is sanctioned whilst the WRAC is still paid.

If at any point a claimant is required to attend a work-focussed interview or carry out other work related activity but fails to do so, a sanction can be imposed. The assessment phase of ESA normally requires attendance at a WFI under threat of sanction.

And how perverse is that? Paying someone the work related component when they are sanctioned, but denying them the personal allowance.

epitome

ljr10 wrote: »

Does anybody know if it is posibble to be sanctioned of your basic rate ESA?, either during the assessment phase or appeal from a wca failure?
formerly I was under the understanding that the work related component was the only money that could be affected if a sanction was applied for whatever reason but there seems to have been a change in the regulations in dec 2012 which now states that the work related component is untouched but the basic rate can be stopped in full?
Does anybody know anything about this/these newer regulations or how they could possibly apply in the situation i mentioned?

Certainly the sanctions have changed to losing the personal allowance (£71.70 / 112.55) but if this leaves you destitute there is ESA hardship. and of course you can attend what they want you to attend. to get the sanction lifted.

I just saw it was you who wrote that other thread, you were on work programme from a JSA claim and then started claiming ESA. Logic would say that your JSA work programme should have finished with your JSA claim, and you should stop going now that you are on ESA. What does the ESA advisor say about this in the jobcentre? I assume you have asked them by now.

epitome

Morlock wrote: »

The sanctions regime was changed on the 3rd December 2012, where previously the work related activity component was sanctioned, it is now personal allowance which is sanctioned whilst the WRAC is still paid.

If at any point a claimant is required to attend a work-focussed interview or carry out other work related activity but fails to do so, a sanction can be imposed.

Yes but there are no WFI during assessment/ "No LCW appeal" phases so this will never occur.

The assessment phase of ESA normally requires attendance at a WFI under threat of sanction.

This is wrong, there is never a WFI requirement in assessment phase

skintmacflint

epitome wrote: »

Yes but there are no WFI during assessment/ "No LCW appeal" phases so this will never occur.

This is wrong, there is never a WFI requirement in assessment phase

Was there not a change introduced beginning of 2013. To- during the 13 week assessment phase a WFI would be carried out, (supposedly around the 8th week of claim) and subsequent WFI's would then depend on which group someone was placed in at their subsequent WCA?

Sure I read some threads on forums where people were wondering how they could force someone to attend an interview , when they had no idea of their capability, as their WCA hadn't been carried out?

Morlock

skintmacflint wrote: »

To- during the 13 week assessment phase a WFI would be carried out, (supposedly around the 8th week of claim) and subsequent WFI's would then depend on which group someone was placed in at their subsequent WCA?

That is my understanding, all claimants are required to attend a WFI around the eighth week of the claim.

As far as the OP now attending the work programme, all information available points towards it not being mandatory, although in practice it may be hard to leave now that a place is secured.