Help - JSA sanction, and effect on Housing Benefit

Carrieanne

I have been given a JSA sanction. The advisor informed me, with some relish, that under Universal Credit rules my whole claim (other than the Council Tax Reduction payment I get) will be sanctioned, meaning my Housing Benefit will not be paid for the period of two weeks. Is this correct?


I had read that providing the sanctioned person informed the local authority they had no income then the payment would resume. But I've been unable to locate that information at any .gov site.


I'd be most obliged if someone can guide me to a link. Thanks in advance.

Teahfc

What was reason for sanction?

Darksparkle

Are you on UC or the individual benefits?

pmlindyloo

If you are on JSA and you have been sanctioned then your HB and CT reduction are likely to be stopped temporarily as the DWP will notify them of the JSA stopping.

You need to speak to the council asap and let them know whaqt has happened and they can reinstate your HB and CT reduction based on a low income.

If you are on Universal Credit then there will be a reduction in the amount you receive. Your housing costs should still be covered.

Read this for how the reduction is worked out.

http://www.ucnotes.co.uk/UniversalCredit/ConditionalitySanctions/Sanctions/Impactonaward.aspx

PS Not sure if the reduction figures are up to date but it will give you a rough idea.

pmlindyloo

Celifein wrote: »

Does the reason affect HB entitlement?

I think this poster was asking this question about what the sanction was for so that the OP was aware that sanctions can be appealed.

There is some confusion as to whether the OP is on JSA, HB and CT reduction or receiving Universal Credit (in which housing costs are included)

Alice_Holt

The sanction relates to your job seeking benefit.
Your HB can continue to be paid.
BUT you will need to urgently contact your council housing benefit office and complete a nil-income form.
Take copies of the DWP letters with you, get receipts / acknowledgement from the council and keep them as proof that you have notified the council of a change in circumstance in case of any future dispute / poor administration.

Can you challenge the sanction?
https://www.turn2us.org.uk/Benefit-guides/Jobseeker-s-Allowance-(JSA)-sanctions/Good-reason-why-a-sanction-should-not-be-applied#guide-content

Mersey_2

pmlindyloo wrote: »

If you are on JSA and you have been sanctioned then your HB and CT reduction are likely to be stopped temporarily as the DWP will notify them of the JSA stopping.

This should never happen.


If a JSA claim is closed (by the claimant or by the DWP in error), then yes, the local authority will be notified and this can affect HB & CTS. But a sanction should not.


Carrieanne - you are correct in your thinking. HB is income-based. Indeed some HB claimants are not even in receipt of JSA. Ask the DWP/JCP manager for a decision notice (letter).

konark

Don't forget to apply for hardship payments, try to see CAB.

Carrieanne

Thanks to all who replied. I've discovered that the JCP advisor was incorrect: a sanctioned JSA claim under UC doesn't affect HB and CTR providing the local authority are made aware of the circumstances. In answer to questions asked: was sanctioned for two weeks under the pretext of not searching for jobs assiduously enough. Real reason was I wouldn't allow him, the advisor, to access my Universal Jobmatch account and also refused to justify my decision as I didn't need to. I also informed him politely but firmly that if he tried to persuade me one more time I'd make an official complaint and take the matter to my MP and MEP.

Alice_Holt

I think you should consider challenging the sanction.

If only, that if you are sanctioned a second time the length of sanction increases (I think to 13 weeks)
https://www.citizensadvice.org.uk/benefits/in-work-or-looking-for-work/benefits-for-people-looking-for-work/#h-jobseeker-s-allowance-and-sanctions
https://www.benefitsandwork.co.uk/other-benefits/jobseeker-s-allowance/jsa-sanctions
http://www.leicester.gov.uk/media/178159/sanctions-faqs-oct-15-update.pdf

My understanding of the legal position is that for jobsearching you need to show that you have taken steps to the best of your ability to jobsearch, and that you have made at least 3 active steps to find work in that week. So if your universal jobsearch shows you have made 3 enquires / applications in the week that would be good evidence to appeal against the sanction.

I'm sorry I can't find a link to confirm this. As you have already complained, then I suggest you do consider an appeal against the sanction.
As the CAB advice guide states "They also can't sanction you if you don't meet the conditions for a sanction. For example, you didn't actually do what Jobcentre Plus says you did." There are regulations and caselaw setting out when sanctions can be applied. The jobcentre should follow these but often sanctions are imposed at the whim of the jobcentre.

The first stage is to ask for a mandatory reconsideration (MR) of the decision (be aware that this has to be done within 1 month of the decision letter).
See if your CAB can help with this.

Here is an MR template:
http://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

Include details of your jobsearch activities in the grounds for appeal.

Mersey_2

Carrieanne wrote: »

Thanks to all who replied. I've discovered that the JCP advisor was incorrect: a sanctioned JSA claim under UC doesn't affect HB and CTR providing the local authority are made aware of the circumstances.

Well done for pursuing it.


You can, of course, complain in writing (JCP District/Area Manager) as being provided with false information such as this from DWP staff is maladministration. You should receive a written apology together with a small consolatory payment (usually £50 - £100). Make a note of any extra costs incurred as a result (such as time, Tel calls, postage, emails and so on and detail the same).