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ESA Sanction in benefit
- Jayne
- Topic Author
12 years 3 months ago - 12 years 3 months ago #94462 by Jayne
ESA Sanction in benefit was created by Jayne
Hi - I would really appreciate some advice!
Please can you tell me the simplest way to disagree with a reduction "sanction" for not attending a app. at work programme - i had phoned to explain before the app and was told another app would be sent but 2 weeks later got letter telling me a reduction of WRAG conponent was in being actioned and would reduce again in 4 weeks.
It says if I dispute or appeal I should continue to send medical evidence - is this the case as I am in WRAG??
If I appeal does this mean a long wait to tribunal - I'm quite confused.
Thanks
Please can you tell me the simplest way to disagree with a reduction "sanction" for not attending a app. at work programme - i had phoned to explain before the app and was told another app would be sent but 2 weeks later got letter telling me a reduction of WRAG conponent was in being actioned and would reduce again in 4 weeks.
It says if I dispute or appeal I should continue to send medical evidence - is this the case as I am in WRAG??
If I appeal does this mean a long wait to tribunal - I'm quite confused.
Thanks
Last edit: 12 years 3 months ago by Gordon.
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- Gordon
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12 years 3 months ago #94470 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Sanction in benefit
Jayne wrote:
As far as I am aware, the santion remains in place until you fulfill the original requirement, so you need to attend the next appointment.
It sounds like you are currently being sanctioned 50% of the WRA Component, this will go up to 100% if the sanction is not removed.
In regard to your appealing, you need to show that you Good Cause for not attending, there is no clear definition of what GC consists of, but the DWP Decision Maker must take into account your physical and mental health, so if this was the case, then you should explain it on the GL24.
An appeal may well take some time to be heard, so if possible you should attempt to get the Sanction overturned at the Reconsideration stage.
Gordon
My first comment is for you to get face to face advice regarding this, as we are limited in what we can help you with.Hi - I would really appreciate some advice!
Please can you tell me the simplest way to disagree with a reduction "sanction" for not attending a app. at work programme - i had phoned to explain before the app and was told another app would be sent but 2 weeks later got letter telling me a reduction of WRAG conponent was in being actioned and would reduce again in 4 weeks.
It says if I dispute or appeal I should continue to send medical evidence - is this the case as I am in WRAG??
If I appeal does this mean a long wait to tribunal - I'm quite confused.
Thanks
As far as I am aware, the santion remains in place until you fulfill the original requirement, so you need to attend the next appointment.
It sounds like you are currently being sanctioned 50% of the WRA Component, this will go up to 100% if the sanction is not removed.
In regard to your appealing, you need to show that you Good Cause for not attending, there is no clear definition of what GC consists of, but the DWP Decision Maker must take into account your physical and mental health, so if this was the case, then you should explain it on the GL24.
An appeal may well take some time to be heard, so if possible you should attempt to get the Sanction overturned at the Reconsideration stage.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- bro58
12 years 3 months ago - 12 years 3 months ago #94472 by bro58
Replied by bro58 on topic Re:ESA Sanction in benefit
Gordon wrote:
Gordon is correct,
It is a 50% deduction for the first 4 weeks of non compliance, and then 100% there after, until you comply.
bro58
Jayne wrote:
My first comment is for you to get face to face advice regarding this, as we are limited in what we can help you with.Hi - I would really appreciate some advice!
Please can you tell me the simplest way to disagree with a reduction "sanction" for not attending a app. at work programme - i had phoned to explain before the app and was told another app would be sent but 2 weeks later got letter telling me a reduction of WRAG conponent was in being actioned and would reduce again in 4 weeks.
It says if I dispute or appeal I should continue to send medical evidence - is this the case as I am in WRAG??
If I appeal does this mean a long wait to tribunal - I'm quite confused.
Thanks
As far as I am aware, the santion remains in place until you fulfill the original requirement, so you need to attend the next appointment.
It sounds like you are currently being sanctioned 50% of the WRA Component, this will go up to 100% if the sanction is not removed.
In regard to your appealing, you need to show that you Good Cause for not attending, there is no clear definition of what GC consists of, but the DWP Decision Maker must take into account your physical and mental health, so if this was the case, then you should explain it on the GL24.
An appeal may well take some time to be heard, so if possible you should attempt to get the Sanction overturned at the Reconsideration stage.
Gordon
Gordon is correct,
It is a 50% deduction for the first 4 weeks of non compliance, and then 100% there after, until you comply.
bro58
Last edit: 12 years 3 months ago by bro58.
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- Jayne
- Topic Author
12 years 3 months ago - 12 years 3 months ago #94479 by Jayne
Replied by Jayne on topic Re:ESA Sanction in benefit
Thanks Gordon - can I just also check do I ask for a reconsideration on the GL24 or is this done automatically?
Do I need to start getting medical certificates for appealing a reduction?
Also can they stop my all my benefits including housing if they choose to drag their feet with a decision?
Much appeciated
Do I need to start getting medical certificates for appealing a reduction?
Also can they stop my all my benefits including housing if they choose to drag their feet with a decision?
Much appeciated
Last edit: 12 years 3 months ago by Gordon.
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- Gordon
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12 years 3 months ago #94485 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Sanction in benefit
Jayne wrote:
I can't think of any reason why you need to send Fit Notes, unless your reason for not attending was something specific, other than your normal disabilities, and your GP was willing to issue a Note on this basis. As you are in the WRAG, you are already assumed to be Unfit for Work.
The current maximum sanction is 100% of the WRA Component, which I believe is currently £28.15, the sanction only applies to ESA.
There will be changes to the ESA sanction rules, that come into effect from 03/12/12, but these cannot be applied retrospectively to an existing sanction.
Gordon
A Reconsideration will be carried out automatically.Thanks Gordon - can I just also check do I ask for a reconsideration on the GL24 or is this done automatically?
Do I need to start getting medical certificates for appealing a reduction?
Also can they stop my all my benefits including housing if they choose to drag their feet with a decision?
Much appeciated
I can't think of any reason why you need to send Fit Notes, unless your reason for not attending was something specific, other than your normal disabilities, and your GP was willing to issue a Note on this basis. As you are in the WRAG, you are already assumed to be Unfit for Work.
The current maximum sanction is 100% of the WRA Component, which I believe is currently £28.15, the sanction only applies to ESA.
There will be changes to the ESA sanction rules, that come into effect from 03/12/12, but these cannot be applied retrospectively to an existing sanction.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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