1 Building services through partnership Majella O'Dwyer Advice Partners Telford

Advice Partners Telford Welfare Reform Sanctions Majella O’Dwyer Advice Partners Telford 2 Majella O'Dwyer Advice Partners Telford

Why Welfare reform The Government’s welfare reform agenda aims to simplify the benefits system, Save money (£18 billion by 2014), Lessen welfare dependency Make Work pay. Every area of the benefit system is set to change and will affect different groups of people in various ways. For existing claimants, some of these changes may mean they will no longer meet the more restricted eligibility criteria, so many will have to adjust to a change in income or monthly benefit payments. 3 Majella O'Dwyer Advice Partners Telford

JSA Claimant Commitment WELFARE REFORMS Tee Claimant Commitment JSA and ESA benefit Sanctions Mandatory Reconsideration JSA Claimant Commitment 4 Majella O'Dwyer Advice Partners Telford

Commitment clarifies expectations and consequences Claimant Commitment Commitment clarifies expectations and consequences Clarifies what people are expected to do in return for benefits 5 Majella O'Dwyer Advice Partners Telford

Claimant Commitment The Claimant Commitment strengthens the ability of Jobcentre Plus staff to support claimants back into work at the earliest opportunity. It redefines the relationship between the welfare state and claimants. In return for state support, we expect claimants to do all they can to meet their responsibilities to return to work The Claimant Commitment started in Telford on January 6th 2014 6 Majella O'Dwyer Advice Partners Telford

Claimant Commitment When someone makes a new claim for JSA or returns to JSA from the Work Programme they will attend an interview with a work coach. At the interview they will agree a personal plan outlining what the claimant will do as part of their Claimant Commitment to give themselves the best chance of finding work. This could include regular specific tasks and training opportunities The work coach will explain the penalties claimants could face for failing to meet their responsibilities to get into work. They will review the plan regularly. 7 Majella O'Dwyer Advice Partners Telford

Jobseekers allowance Sanctions 8 Majella O'Dwyer Advice Partners Telford

this is called a sanction. What is a sanction Some kinds of behaviour can lead to your benefit being stopped or reduced for either a fixed or open-ended period of time— this is called a sanction. Most sanctions happen when the conditions of your jobseeker’s allowance are not met 9 Majella O'Dwyer Advice Partners Telford

Reasons for JSA Sanctions Not keeping to the Jobseeker's agreement/ claimant commitment Not taking enough steps to find work Failing to follow a Jobseeker's direction, or failure to take part in the Work Programme Not being available for work Not attending an adviser interview Refusing or failing to apply for a suitable job Leaving a job voluntarily   10 Majella O'Dwyer Advice Partners Telford

Good Reason Remember, you should not be sanctioned if there was a good reason for your behaviour. It is also important to make sure any valid restrictions such as caring for children or any disability restrictions are put into your jobseeker’s agreement/ commitment so the DWP can take these into account. 11 Majella O'Dwyer Advice Partners Telford

How Long do Sanctions last Sanctions can last for 4, 13 or 26 weeks (but can be for up to a maximum of three years) How long they last depends on what Jobcentre Plus feels you have done or failed to do, and how many times you have acted in this way within the last year.   12 Majella O'Dwyer Advice Partners Telford

Hardship payments If you loose benefit as a result of a sanction you can claim a hardship payment. For example if you cannot afford rent or food, or you need to buy medical or hygiene supplies a hardship payment would provide you with the money to pay for these things. Remember it is important to apply for a hardship payment as you may be told to do this before receiving support from your local authority. Ask the JCP about claiming a hardship payment Complete an application form (available for JCP) 13 Majella O'Dwyer Advice Partners Telford

hardship payment If you are in a vulnerable group you should receive a hardship payment the next time you would usually get your Jobseeker’s Allowance.   14 Majella O'Dwyer Advice Partners Telford

Vulnerable Group Have a Disability You are pregnant Caring for children Single and looking after a 16 or 17 year-old Have a long-term physical medical condition Caring for someone who is long-term sick or disabled A young person who has left local authority care in the last three years  Aged 16 or 17, in some circumstances 15 Majella O'Dwyer Advice Partners Telford

Remember Housing benefit Housing benefit and council reduction will be stopped following a sanction until you provide up to date information about your new weekly income to prevent any possible overpayments. 16 Majella O'Dwyer Advice Partners Telford

What is an ESA sanction A sanction is when your employment and support allowance is reduced because you didn't meet the rules about work-related activity or attending work focused interviews. 17 Majella O'Dwyer Advice Partners Telford

ESA sanctions People in the work-related activity group ( WRAG) can be sanctioned if they do not attend work-focused interviews or mandatory work-related activity without a good reason. You cannot be sanctioned for not taking a job but sanctions can be imposed for not attending or taking part in a work-focused interview, or not taking part in compulsory work-related activity. 18 Majella O'Dwyer Advice Partners Telford 18

Dispute Sanctions Cannot be sanctioned if you have good reason for non compliance with the rules Examples of good reasons :- Transport problems Health or disability issues prevented compliance Learning difficulties, language or literacy difficulties Medical appointment that could not be changed Bereavement Other circumstances may be considered. 19 Majella O'Dwyer Advice Partners Telford 19

How long do ESA sanctions last The sanction will last until you attend and take part in the work-focused interview or take part in with the work-related activity. It will also end if you are moved into the ESA support Group or if you stop being entitled to employment and support allowance. People who are sanctioned under the new rules will be able to apply for hardship payments from the first day of the sanction. 20 Majella O'Dwyer Advice Partners Telford 20

What to do when Sanctioned If you are sanctioned, remember to apply for a hardship payment as soon as possible by completing the hardship form available from the Jobcentre. Also remember to tell revenues and benefits of your current income, or if you have no income make nil income declaration in writing. If you disagree with the sanction, get advice on how complete a mandatory reconsideration See Majella   21 Majella O'Dwyer Advice Partners Telford

Mandatory Reconsideration before appeal From 28 October 2013 you can only appeal against a decision on a DWP-administered benefit after you have asked the DWP to ‘reconsider’ their decision, in other words, to look at their decision again. As this is a required step on the way to making an appeal it is called ‘mandatory reconsideration'. The DWP has no time limit to complete mandatory reconsiderations. 22 Majella O'Dwyer Advice Partners Telford

Mandatory Reconsideration You can ask for a reconsideration in writing, in person, or by phone. You must ask within the dispute period. This is usually one month from the date of the decision It is best to in writing- always keep a copy 23 Majella O'Dwyer Advice Partners Telford

Mandatory Reconsideration Part of the mandatory reconsideration process is that the decision maker will try to phone you to explain the decision and ask you to provide any additional evidence that may help your case (for example, a letter from a health specialist not previously sent to DWP). The decision maker will make at least two attempts to call you, at least three hours apart. If they can't reach you, they will go ahead with the mandatory reconsideration on the basis of the evidence that is already available to them. If during the call you say you have further written evidence the decision maker will wait to receive it and postpone the mandatory reconsideration for a month, to allow you time to send the evidence. 24 Majella O'Dwyer Advice Partners Telford

Sanctions Key points Welfare Reform Claimant commitment in place of jobseekers agreement If you do not keep to the agreement / commitment = Sanctions Ensure to Contact Housing benefit Apply for Hardship Payment Challenge the decision - Via Mandatory Reconsideration Majella / Jenny can assist you 25 Majella O'Dwyer Advice Partners Telford