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Thread: ESA sanctions

  1. #1

    ESA sanctions

    Has anyone had a letter saying that they are in the work related group and must go to work focused interviews or there ESa will be reduced? I have end stage kidney failure soon to go on dialysis and on the list for a second transplant and have appealed against this decision back on 9/7/2012 but have not heard anything yet is this just bullying tactics or is it just a circular letter that everyone on ESa gets please help.

  2. #2
    davewhit
    Guest
    Quote Originally Posted by Bedlingtonbabe View Post
    Has anyone had a letter saying that they are in the work related group and must go to work focused interviews or there ESa will be reduced? I have end stage kidney failure soon to go on dialysis and on the list for a second transplant and have appealed against this decision back on 9/7/2012 but have not heard anything yet is this just bullying tactics or is it just a circular letter that everyone on ESa gets please help.
    i think sactions are changing soon and have heard others talk of letters

  3. #3
    doberg
    Guest
    Quote Originally Posted by Bedlingtonbabe View Post
    Has anyone had a letter saying that they are in the work related group and must go to work focused interviews or there ESa will be reduced? I have end stage kidney failure soon to go on dialysis and on the list for a second transplant and have appealed against this decision back on 9/7/2012 but have not heard anything yet is this just bullying tactics or is it just a circular letter that everyone on ESa gets please help.
    I am due to be examined next week, for a renewal of my ESA. Last time I was put in the Support Group for 3 years after complaining when they gave me 0 points initially.
    I'll be happy just to get in the Work Group (hoping!!!) as I will be 65 next June.

    If I have to go for these work thingys, I'd be very interested to find out what they expect of me being 6 months short of my 65th birthday?

  4. #4
    Senior Member
    Join Date
    Sep 2011
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    133
    Quote Originally Posted by davewhit View Post
    i think sactions are changing soon and have heard others talk of letters
    The revised ESA sanction regime which comes into force from 3rd December 2012 is explained in the following DWP link:

    http://www.dwp.gov.uk/adviser/update...ction-changes/

    Briefly, from the above link:

    What is changing?

    Under the new rules ESA claimants in the WRAG who fail to comply with the conditions for receiving benefit will receive an open ended sanction, followed by a fixed period sanction when they re-comply. The fixed period sanction will be one week for a first failure, two weeks for a second failure and four weeks for a third and subsequent failures in a 52 week period.

    Claimants who are sanctioned will lose all of their personal allowance, but their work related activity component will not be affected.


    Paul
    Last edited by PaulG; 18-11-12 at 07:12. Reason: spelling error

  5. #5
    Senior Member
    Join Date
    Jul 2011
    Posts
    202
    Sorry, but, how can it be legal to sanction a claimant when as per ESA reward letter:-

    "The payment of Employment and Support Allowance is based on your National Insurance records and any additional amounts the law says you need to live on"

  6. #6
    doberg
    Guest
    Quote Originally Posted by gbhxu View Post
    Sorry, but, how can it be legal to sanction a claimant when as per ESA reward letter:-

    "The payment of Employment and Support Allowance is based on your National Insurance records and any additional amounts the law says you need to live on"
    Yes that is correct. But if you don't follow the rules to the letter, then a sanction will apply. If there were no sanctions, you would have people doing exactly what they wanted, not turning up etc as there would be no incentive. There has to be a punishment system somewhere involved!

    To keep receiving what "the law says you need to live on" you have to comply.

    I do however accept that the system is very much one sided. If the claimant fails to comply - they will suffer loss of their benefit. If the DWP fails to comply with the regulations - nothing happens!! You simply have tp put up with it. They (DWP) argue that as it is you that is asking for a Welfare payment, you should be the one that can be sanctioned.

    Yes the DWP do make mistakes, sometimes costing the claimant a considerable amount of money. Yes, the DWP will very rarely offer you a way out of the problem, they will give either bad advice or none at all.

    And if you ever try to get them to accept responsibility for something that has gone wrong it will be an uphill battle - it will invariably end up that the claimant should always be held responsible - for not knowing what the regulations are in order to help the DWP do their job properly!!
    Last edited by doberg; 20-11-12 at 10:27.

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