Universal Credit housing element able to get sanctioned?

Turtle_Powa

I recently was terminated by my employer with no notice and based on lies, but do feel I could get sanctioned if I am not believed in due course.

My belief is that only the Standard allowance element can be sanctioned. The rent element cannot. Am I correct in thinking this?

For reference This is an ongoing open claim where I have received a small amount every 2 out of 3 months for around 2 years.

Spoonie_Turtle

A sanction is an amount based on the standard allowance.

However if you also have other deductions (e.g. for earnings, savings, etc.) then it can eat into the rent element, it is not ringfenced.

Turtle_Powa

Ok thanks for confirming that it's standard allowance only. Not going to be as stressed now if the worst case scenario happens.

My savings are below the 6k threshold and I have one more wage to receive and I shall still remain below the threshold.

I have no other deductions

Hopefully, I can get back into work sooner rather than later.

NedS

Turtle_Powa said:

I recently was terminated by my employer with no notice and based on lies, but do feel I could get sanctioned if I am not believed in due course.

In these instances, you can only be sanctioned if your employment was terminated due to misconduct. If you are disputing the reasons for your termination, you should make sure the decision maker is fully aware of the circumstances (your side of the story). UC require your permission to contact your employer, and as you presumably have not given permission, they can only make their decision based upon what you tell them has happened. The reasons why something happened are not relevant, only whether misconduct occurred or not.

Turtle_Powa

Hi again,

I didn't want to start a new thread as my questions are still related to this Situation.

I have been in light touch. I had work coach appointment today and she asked me why I left my last job as they don't have the information so I had to be openly honest that I was set up at work where a lad was asked when leaving to make a false written statement about me and that I was terminated the week after this happened. I found this out from my mate there. I did tell UC on the day that I was terminated with no notice just never been asked at other appointments.

She had to send the information off to be looked at by Decision Makers. I could tell she wasn't enjoying it but was bound by rules and asked if ok to contact old company. No point saying no plus means they have to lie to the DWP. Not sure how that will help

Anyway, sorry for long winded way to get to my question:

It looks like I'll get sanctioned for gross misconduct!! and I have never been sanctioned ever so I'm wondering how long it may be for? 91 days? and how much of the standard allowance maximum amount of it can be taken? 50% or all.  

I've tried looking but some information has been conflicting. Any thoughts?

NedS

A sanction for gross misconduct is 91 days.

The sanction is for the full amount of the standard allowance if you are single, or 50% of the standard allowance if you claim as part of a couple.

Turtle_Powa

NedS said:

A sanction for gross misconduct is 91 days.

The sanction is for the full amount of the standard allowance if you are single, or 50% of the standard allowance if you claim as part of a couple.

3 Months and full standard allowance sanctioned. Got it 👍 I'm glad it isn't 6 Months that I've been planning for.

Thanks NedS

Turtle_Powa

I thought I would update this. I didn't receive a sanction.

I ended up with a decent advisor in all fairness.

Once she realised, I was telling the truth and seen on next meeting I had started to deal with ACAS. She was full of excellent advice as she was previously HR and knew a lot and a lot about dismissals. I think she may have had a hand in why the decision maker didn't punish me by documenting that I was being 100% truthful.

At least the right outcome came from it all in regards to UC.

Anyway, Thanks for input people. Appreciated.

R200

If they sanction housing elements then many more LLs won’t be able to pay their mortgages 

tomtom256

The have never been able to sanction the housing element, but even if they did, it isn't the governments responsibility to ensure a LL mortgage is paid.
It's no different to somebody getting the housing element paid and not paying their LL.