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Please help = No backpay AND less money
- nemo
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8 years 1 month ago #185666 by nemo
Please help = No backpay AND less money was created by nemo
Very angry right now 
ESA penalised me back in October 2016 for missing a single telephone appt. Since then I have only been getting about £24/week vs the £100/week I was on previously. I phoned my useless Seetec advisor and asked why the sanction had lasted so long and he said it would be rectified and that I would receive a backpayment.
However, today (about 3 weeks since I phoned) I received a letter telling me:
"We have looked at your claim again following a recent change. From 26 October 2016 your ESA will be £29.05 a week" It also says this applies only until the 11th of April.
Is this just an underhand way of saying "we're not giving you the backpayment you are entitled to"? I'm pretty sure sanctions are only allowed to continue for a couple of months at most, maybe this is why they have worded it like this.
They can't do this, surely? What can I do about this? It's stressing me out beyond belief.

ESA penalised me back in October 2016 for missing a single telephone appt. Since then I have only been getting about £24/week vs the £100/week I was on previously. I phoned my useless Seetec advisor and asked why the sanction had lasted so long and he said it would be rectified and that I would receive a backpayment.
However, today (about 3 weeks since I phoned) I received a letter telling me:
"We have looked at your claim again following a recent change. From 26 October 2016 your ESA will be £29.05 a week" It also says this applies only until the 11th of April.
Is this just an underhand way of saying "we're not giving you the backpayment you are entitled to"? I'm pretty sure sanctions are only allowed to continue for a couple of months at most, maybe this is why they have worded it like this.
They can't do this, surely? What can I do about this? It's stressing me out beyond belief.
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8 years 1 month ago #185688 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Please help = No backpay AND less money
Nemo
It would appear that your ESA has been sanctioned because of your missing the telephone appointment, a sanction will remain in place until the requirement that caused it is fulfilled, there is usually a penalty of x weeks added on depending on whether this was a first sanction or not.
So the first thing is have you now made the telephone appointment?
Did you challenge the sanction? Was it clear that the phone appointment was mandatory? Did you have Good Cause for missing it?
You can claim Hardship Payments if your benefit is sanctioned.
Sanctions are applied by the DWP not the Work Programme Provider, so you should contact the DWP office dealing with your claim for an update on what is happening with your payments.
Gordon
It would appear that your ESA has been sanctioned because of your missing the telephone appointment, a sanction will remain in place until the requirement that caused it is fulfilled, there is usually a penalty of x weeks added on depending on whether this was a first sanction or not.
So the first thing is have you now made the telephone appointment?
Did you challenge the sanction? Was it clear that the phone appointment was mandatory? Did you have Good Cause for missing it?
You can claim Hardship Payments if your benefit is sanctioned.
Sanctions are applied by the DWP not the Work Programme Provider, so you should contact the DWP office dealing with your claim for an update on what is happening with your payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- nemo
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8 years 1 month ago #185833 by nemo
Replied by nemo on topic Please help = No backpay AND less money
I have not missed a single tel appt since the one I mentioned. I do everything asked of me. I suppose they had cause to sanction me in the first place (because I missed the original appt), but not for more than 5 months! I still think they are just trying to weasel out of the backpayment owed to me.
They really don't care, do they? I feel suicidal. I give back to society by volunteering, what exactly do these people contribute?
They really don't care, do they? I feel suicidal. I give back to society by volunteering, what exactly do these people contribute?
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8 years 1 month ago #185839 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Please help = No backpay AND less money
Nemo
So have you;
- contacted the DWP?
- challenged the Decision to sanction you?
- applied for Hardship Payments?
Gordon
So have you;
- contacted the DWP?
- challenged the Decision to sanction you?
- applied for Hardship Payments?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- nemo
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8 years 1 month ago #185884 by nemo
Replied by nemo on topic Please help = No backpay AND less money
I'm contacting the DWP tomorrow. I don't see the point challenging the decision to sanction me as that was legitimate, but can I challenge the amount of time I have been sanctioned?
Thanks for the help
Thanks for the help
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8 years 1 month ago #185890 by Gordon
The sanction and the time it applies for are part and parcel of the same Decision.
You say that it was legitimate, so you were notified in writing that your making the call was mandatory?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Please help = No backpay AND less money
nemo wrote: I'm contacting the DWP tomorrow. I don't see the point challenging the decision to sanction me as that was legitimate, but can I challenge the amount of time I have been sanctioned?
Thanks for the help
The sanction and the time it applies for are part and parcel of the same Decision.
You say that it was legitimate, so you were notified in writing that your making the call was mandatory?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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