Scared About New Sanctions for ESA WRAG

I am really scared about what is going to happen to people in this group. I hear the letters are quite threatening and that people could be left with £28 if they receive full sanctions. How can this be legal? How will anyone in the WRAG not have a good reason not to partake in 'work-related activities'? I can't imagine who they are thinking of who will get these sanctions when people in the WRAG have already got 15 points showing they're not fit to work.

I am also scared about how they can legally force people in this group to do community work (mandatory) which is treating them like criminals. Even when young people were forced onto the Work Programme, there was a furore and Chris Grayling (the then minister) was forced to backtrack.

Thanks

I read the letter as a reduction of £14 at first then £28, which the WRAG entitlement.

Dear...
Employment and Support Allowance: Important changes that could affect your payments from Monday 3rd December 2012
An important change in the law which could affect your Employment and Support Allowance will start in December 2012. This letter explains the change and provides information and guidance about where you can obtain additional infomation and help. It is very important that you read this letter.

At present you are in the Work Related Activity Group. This means you must attend and take part in work-focused interviews if you are asked to do so, to qualify for your benefit. You may also have to carry out work related activities that your adviser thinks will help you be able to return to work in the future. If you do not attend and take part in these interviews or do the activities you are asked to do, without a good reason, your payment can be reduced by £14.07 a week, rising to £28.14 a week after four weeks until you comply. We call this a sanction.

From 3rd December 2012, the law is changing and you could lose more money, for a longer period of time if you do not:
attend and take part in work-focused interviews
carry out work related activities that your adviser asks you to do, without a good reason.


What is the change?
If a decision is made to sanction your benefit, the personal allowance component of your Employment and Support Allowance will be stopped until you do attend the interview, or do the work related activiity you were asked to do (or do another activity as agreed with your adviser or you come to an agreement with your adviser about complying with an activity or attending an interview at an agreed date).

After that the sanction will continue for an additional
- one week, or
- two weeks if you have previously failed to attend or take part in a work focused interview or undertake work related activity in the last 52 weeks, or
- four weeks if you have had your benefit reduced for those reasons more than once and the most recent of the previous failures was within 52 weeks of your current failure.
(We will only count back as far as 3rd December 2012 when these rules begin)

What happens if I comply with the rules?
As long as you do what your adviser asks you to do to help you prepare for work, you need not worry about sanctions. Advisers will only ask you to take part in activities that are reasonable for you to do and you can discuss and agree your personal needs with your adviser.

What would happen if I did not comply with the rules?
If you did not have a good reason for not doing what you were asked, you could face a sanction as set out above

What should I do if I do get a sanction?
You will still have to take part in work focused interviews and undertake work related activities when asked to. If you do not, you could get a longer sanction.

If you do get a sanction, you might be eligible to apply for a hardship payment. You adviser can explain how to advise for this.

These new rules will only affect you if your failure to comply with the rules was after 3rd December 2012. Anything that has happened before that date will be dealt with under the present rules.

If you did get a sanction you will still have the right to ask for an explanation, to ask for reconsideration and to appeal.

What do I need to do next?
You do not need to do anything at present. This is just to let you know what might happen to you in the future. But keep this safe so that you can refer to it. If you do not undertand the information in this letter, or have any concerns how this may affect you please speak to your adviser.

You can also find out more at www.gov.uk or an independent welfare rights service.

We have a helpline if you need more information. The helpline staff can only provide general information about the changes and the support you can get and will not have access to all your benefit information.

The helpline number is 0845 602 3024 or textphone 0845 608 8551 for people who cannot speak or hear clealy. The helpline is open from Monday to Friday 8am to 6pm and will be available from 12th November 2012 to 21 December 2012

Jobcentre Plus

Asbo wrote:

I am really scared about what is going to happen to people in this group. I hear the letters are quite threatening and that people could be left with £28 if they receive full sanctions. How can this be legal? How will anyone in the WRAG not have a good reason not to partake in 'work-related activities'? I can't imagine who they are thinking of who will get these sanctions when people in the WRAG have already got 15 points showing they're not fit to work.

I am also scared about how they can legally force people in this group to do community work (mandatory) which is treating them like criminals. Even when young people were forced onto the Work Programme, there was a furore and Chris Grayling (the then minister) was forced to backtrack.

Thanks

Hi A,

Apparently The DWP are trying to get round this issue by stating that Works Experience, or Mandatory Work Placement, is not actually classed as "Employment".

This issue is currently being discussed on rightsnet, here :

www.rightsnet.org.uk/forums/viewthread/4064/

&

www.rightsnet.org.uk/forums/viewthread/4080/

It looks like it may be open to a legal challenge by a WRO, however this will obviously involve somebody having to appeal.

bro58

Gordon wrote:

Karlo wrote:

I read the letter as a reduction of £14 at first then £28, which the WRAG entitlement.

See the following new FAQ

Changes to ESA Sanctions

Gordon

Doesn't say that in the letter I just posted. It clearly states

"At present you are in the Work Related Activity Group. This means you must attend and take part in work-focused interviews if you are asked to do so, to qualify for your benefit. You may also have to carry out work related activities that your adviser thinks will help you be able to return to work in the future. If you do not attend and take part in these interviews or do the activities you are asked to do, without a good reason, your payment can be reduced by £14.07 a week, rising to £28.14 a week after four weeks until you comply. We call this a sanction."