ESA Sanction. Unfair benefit reduction?

ashtonwn4

Hi,

I am currently on a joint claim ESA with my partner and I was recently given an ESA sanction for failing to attend an interview with the compliance team. Apparently, after discussing the situation, it transcribed that I was asked to attend because of a problem with her single claim before I even met her. (How unfair is that?). Anyway I held my hands up to not attending and accepted the sanction. My problem is the ammount of reduction imposed, ie 100% of the entire benefit.

I've been through the net and I read it as follows:

1) The sanction is imposed on the main phase of the benefit (ESA)
2) The work group section is not affected
3) My parnters premium is not affected

If anyone can confirm or dismiss this I'd appreciate it. It wouldn't surprise me if the DWP had screwed me because the screw everyone else.

Thanks

Ashton

jamesd

So, what would have happened if they had asked me or any other person not on ESA to attend and I had refused?

The reason I'm asking that rhetorical question is that they appear to have treated you in a grossly unreasonable manner since no part of the interview was related to your own move towards work and refusal to comply with work-related requests for you is what the sanctions regime is supposed to be for. Rather, they seem to be exploiting their power over your money to punish you for something related to another person's past claim.

Do note that I'm unfamiliar with how this system is operated in practice but they seem to be abusing its intent by sanctioning you for something entirely unrelated to you getting work.

rogerblack

Sanctions are not usually the whole amount of the benefit.
What do you mean by 'sanction'.
The word has a specific meaning - and is not the same as 'my benefit stopped'.
Have you been told you have been sanctioned, or had a letter stating that - and giving a length of the sanction?

It could also be either that benefit has been suspended because of suspicions about entitlement, or it's been stopped due to them being sure you are not entitled.

If the suspicion is that she has not been entitled to ESA for some time due to you being a couple, for example with you earning at one time, and not reporting it - there could in addition be a considerable overpayment, which may lead to prosecution.

ashtonwn4

rogerblack wrote: »

Sanctions are not usually the whole amount of the benefit.
What do you mean by 'sanction'.
The word has a specific meaning - and is not the same as 'my benefit stopped'.
Have you been told you have been sanctioned, or had a letter stating that - and giving a length of the sanction?

It could also be either that benefit has been suspended because of suspicions about entitlement, or it's been stopped due to them being sure you are not entitled.

If the suspicion is that she has not been entitled to ESA for some time due to you being a couple, for example with you earning at one time, and not reporting it - there could in addition be a considerable overpayment, which may lead to prosecution.

Roger,

I was definately sanctioned, this was confirmed by the complience team both verbally and in a letter.

There is no problem with my entitlement as I am a haemodialysis patient and have been since 2011. As for my partner, she is also unable to work due to medical problems. Neither of us has worked since 2011, myself due do dialysis and my partner due to her problems and a hysterectomy in Oct 2012.

I just cant see any valid reason for their action in this matter

Ashton

pmlindyloo

According to this:

http://www.cpag.org.uk/content/esa-and-sanctions-%E2%80%93-more-hard-times-ahead

it is not the whole of the ESA amount that is sanctioned.

However, please note that the sanction will only begin when you have complied with attending the interview that you missed.

Also, have you both been sanctioned?

You can apply for a hardship payment (see the link)

You need to telephone them and find out exactly what has happened and why all of your ESA has been stopped.

What does the letter say exactly?