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If the Department for Work and Pensions (DWP) thinks that you have not met the conditions for your benefit, they can reduce or stop your benefit for a period of time. This is called a ‘sanction’. 

The sanction system is different depending on which benefit you get. In this guide we focus on the sanctions that you can get if you claim Universal Credit (UC), but the techniques for dealing with sanctions will also be useful for Job seekers Allowance and Employment and Support Allowance sanctions.

If you are ill and cannot attend the Jobcentre in person, get in touch with your work coach as soon as possible. Jobcentre appointments can be carried out by phone so unless you are too ill to answer or have another good reason, you can still be sanctioned if you miss a telephone appointment.

Excellent guide to avoiding benefit sanctions

CMM

Clear and practical advice.

KG

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What to do if you are sanctioned

If you are sanctioned, be sure to read our guide on How to challenge a sanction and how to get by. Always challenge an unfair sanction. 81% of appeals about benefit sanctions are won by the claimant.

A benefit sanction is what the DWP calls it when they reduce or stop your benefit payment for a period of time. This might be because you missed an appointment with your work coach, or an interview, or some other reason.

The benefits system is a bit like a contract. The government expects people claiming benefits such as Universal Credit (UC) to meet certain work-related conditions which are set out in your ‘Claimant Commitment’. The government pays benefits in return for you doing what your Claimant Commitment says you will do. If you don’t, then the Jobcentre can sanction you.

Reasons for getting sanctioned

There are four levels of sanctions. The sanction you get depends on what conditions are in your Claimant Commitment and what the Jobcentre thinks you have failed to do.

You can get the lowest level of sanction if:

  • Your only condition is to attend or take part in a work focused interview - an appointment with your work coach to discuss work, and you don’t do it.

You can get a low level sanction for:

  • Missing or not participating in an in person or telephone appointment with a work coach.
  • Refusing to take part in a training course or not co-operating on a training course.
  • Not confirming that you’ve carried out work-related activities or not providing information that’s relevant to them.
  • Not doing something else in your Claimant Commitment to get work or increase your earnings.

You can get a medium level sanction for:

  • Not taking all reasonable action to find paid work or increase your earnings.
  • Not being available to start work or attend interviews.

You can get a high level sanction for:

  • Leaving a job voluntarily.
  • Losing a job because of your behaviour.
  • Not applying for a job that the Jobcentre expected you to apply for.
  • Not taking up a job that was offered to you.
  • Losing pay if you are in paid work without a good reason.

Have a look at these examples of why other people got sanctioned.

Nula

I was waiting for the bus to take me to an interview with my work coach. The bus never came and so I missed the appointment. I was sanctioned and my Universal Credit is reduced for ten days. I claim jointly with my partner, so we still have his money. But it’s not enough for us to live on.

 

Carys

I lost my place on a work programme because I was late twice – I have depression and mornings are a very difficult time for me – I just couldn’t get there on time. I was sanctioned and my Universal Credit was reduced for 37 days.

Farad

My work coach gave me a list of jobs to apply for. I applied for them all but she didn’t believe me. I was sanctioned and my Universal Credit was reduced for 28 days. The work coach warned me that if I did it again, I would lose my benefit for 91 days.

 

Amani

I couldn’t go on a training scheme because it started before I could drop my children off at school. This is the second time this year this has happened. Last time my Universal Credit was reduced for 21 days. This time they have reduced it for 28 days.

 

So, if the Jobcentre accuses you of missing a telephone appointment, not turning up for a meeting, not applying for a job, not attending an interview, not taking part in an employment or training scheme or not accepting a job that you have been offered, you might be sanctioned.

How long do sanctions last?

How long a sanction will last depends on a number of different things, like what level of sanction you have been given and whether you have been sanctioned before. According to the DWP the average length of time for a Universal Credit sanction is 29 days, although they can run for much longer than that. Some Universal Credit sanctions last until you comply with the thing you were sanctioned for. Unless you only have to attend work-focused interviews, a fixed period will be added to these sanction periods too. See Have you been sanctioned for the right length of time for more help.

Will my partner’s benefit be sanctioned too?

Universal Credit is paid jointly when you live with a partner. If only one of you is sanctioned, the sanction will affect part of your benefit (not the part that applies to your partner), but as Universal Credit is your joint income the reduction in benefit will affect you both. If both you and your partner are sanctioned at the same time, and you are claiming Universal Credit jointly, you’ll see a bigger reduction.

Will all my Universal Credit be stopped?

The sanction doesn’t affect other amounts in your UC, so if you get amounts for children, housing or other circumstances, these parts will still be paid to you.

There are four main types of things you can do to avoid getting sanctioned:

  1. Make sure that you understand your Claimant Commitment and other ‘work-related responsibilities’. If you don’t have one or can’t find it, make sure you ask for a copy from your Jobcentre as soon as possible. 
  2. Make sure your Claimant Commitment reflects your circumstances.
  3. Avoid doing or not doing things that break your Claimant Commitment.
  4. Be really organised and keep records of your dealings with the Jobcentre and everything you do to meet the terms of your Claimant Commitment.

Figures from the DWP show that most decisions to sanction people relate to situations where the DWP think someone hasn’t attended or engaged with a mandatory interview. So, attending these meetings should be a very high priority for you.

Below we explain more about each of these things you can do to avoid a sanction.

Make sure you understand your Claimant Commitment and other work-related requirements

‘Work-related requirements’ are things you might be asked to do to prepare for or get work. Mostly, they will be set out in your Claimant Commitment.

Your Claimant Commitment is a record of the things you have agreed to do in return for getting benefit. For example, taking part in meetings with your work coach, applying for the jobs you are told to apply for, attending interviews and taking any work within a certain travelling time from your home. If you don’t do these things or can’t prove that you have done them, you could get sanctioned.

So, it is really important that you understand what the Jobcentre expects you to do.

  • Don’t be afraid to ask your work coach (sometimes also called 'Jobcentre adviser') to explain anything that is unclear.
  • Read your Claimant Commitment, letters from the Jobcentre, or notes in your Universal Credit online journal carefully and as soon as you get them. If they contain mistakes or leave out something important, report it straight away. You can report it in your online journal, by ringing Universal Credit, in writing, or in person at the Jobcentre. This will help to avoid problems later.

Make sure your Claimant Commitment reflects your circumstances

Make sure that your Claimant Commitment reflects the things that reduce or change your availability for work or certain types of work. For example:

  • a health condition or illness,
  • a disability,
  • child care or other caring responsibilities,
  • recent experience of domestic abuse or bereavement.

If you have difficult personal circumstances, or need extra support, what the DWP call ‘complex needs’ for any reason, for example:

  • a disability,
  • being ex armed forces,
  • a former prisoner,
  • not having English or Welsh as a first language, or
  • being a care leaver.

Make sure that this is recorded because this can give you extra protection from being sanctioned. These circumstances should be reflected in your Claimant Commitment too. So make sure you tell your work coach everything relevant in your history and circumstances so that you get the right support.

If you don’t feel your Claimant Commitment is right, use your online journal, call the helpline, write a letter to the Jobcentre or speak to your work coach to explain how your everyday activities and your ability to be available for work are affected.

If things change, for example, you get new caring responsibilities or your mental health condition gets worse, make sure you ask the Jobcentre to make changes to your Claimant Commitment.

Keep a record of communication between you and the Jobcentre or other DWP staff. For example, take screenshots of your journal to see what messages you received and sent. Keep a copy of any letters and make a note of any calls – time, date, who you spoke to and what was said.

Remember, you can ask for a review of your Claimant Commitment at any time.

Don’t risk breaking the terms of your Claimant Commitment

If you don’t do the things that you agreed to in your Claimant Commitment you might lose benefit. And reasons for not being able to do something, or being late, that people understand in everyday life, might not cut it with the Jobcentre.

Here are some tips on how to avoid the risk of breaking your Claimant Commitment:

  • If you have to attend an interview to avoid a sanction that should be clearly explained to you in advance. If it is not explained, then you should not be sanctioned, and if you are sanctioned, you should challenge it.
  • The DWP say that the majority of Universal Credit sanctions are for missing an interview with your work coach. There are different types of interviews. So, do everything you can to attend those meetings.
  • Try your best to avoid being late. If your lateness is caused by problems with public transport, make sure you document it by keeping any transport receipts or tickets. If you can, call ahead or  send a message using your online journal to let your work coach know you are running late. It's a good idea to take screenshots of your journal so you can prove that you told the Jobcentre about any problems attending appointments.
  • Take care when applying for jobs. Mistakes you make at this point, like, for example, not completing an application form correctly, can cause you problems later.
  • Don’t leave your current job without ‘good reason’. Leaving because of unpaid wages, bullying, harassment or discrimination should be accepted as a good reason – but you may need evidence to support what you say. Useful proof would include emails or letters from you asking your employer to improve or change your conditions of work or sort out a problem, or proof that you got some employment advice.
  • If you think you might need to leave a job tell the Jobcentre the reasons why in advance.

Tell the Jobcentre or report it in your online journal as soon as possible if there is a problem with something they are expecting you to do, like going to an adviser interview – don’t leave it until the last minute! It is very easy to get upset and angry. But try and stay calm.

If you have to attend an interview to avoid a sanction that should be clearly explained to you in advance. If it is not explained, then you should not be sanctioned, and if you are sanctioned, you should challenge it.

Be organised and keep records

You don’t just have to do what you agreed to do in your Claimant Commitment – you have to be able to prove that you did it. That’s why it is really important to be organised.
 

Here are our record-keeping tips for backing up your Claimant Commitment activities:

  • Keep an accurate record of your job search and Find a Job (the government website for job seekers) activity. Take screenshots or photos if online.
  • Keep copies and duplicates in case things get lost. Take screenshots or photos of messages you put on your Universal Credit online journal.
  • Keep every email you get from potential employers about dates and times of job interviews and the result.
  • Keep copies of any letters you send.
  • Make sure you know how to find the call record in your mobile phone. Or if you get itemised phone bills, keep them. They can provide proof, if you need it, that you answered the phone, or even that the phone did not ring when the Jobcentre said they would call you.
  • Make a note about calls to and from the Jobcentre - who you spoke to, what time, and what was agreed.
  • Keep anything the Jobcentre or training programme gives or sends you.

Tips for avoiding sanctions if you have a health problem

  • Make sure your work coach knows about your health problems.
  • If possible, get a letter from your GP explaining them and give the Jobcentre a copy.
  • Make sure your work coach knows what effect your health problems have on the work or training you can or cannot do. Your situation should be recorded by the DWP so that if you’re vulnerable, they go through extra steps before sanctioning you.
  • Make a note on your Universal Credit journal or upload a letter. Repeat what you told them including the name of the adviser you told and the date and time. Take a screenshot or photo of your journal in case you need to prove what you told the Jobcentre and when.
  • Make sure your Claimant Commitment includes any difficulties you have with work or training.
  • You may want to talk to your work coach about being referred for a work capability assessment. The outcome of the assessment could change what you are expected to do to get your Universal Credit. Whilst you are waiting for the outcome, your work-related requirements may be reduced, but this is up to your work coach.
  • Make a note on your Universal Credit online journal, including the name of the work coach you told and the date and time. Take a screenshot or a photo in case you need to prove what you told the Jobcentre and when.
  • Make sure your Claimant Commitment includes any limitations on the work or training you can do.

Tips for avoiding sanctions if you have caring responsibilities

  • Make sure your work coach knows if you care for children or an older or disabled person, what benefits they get and how many hours you spend caring – it may mean that you don’t have any work-related conditions.
  • Make sure your work coach knows what effect your caring responsibilities have on you.
  • Make a note on your Universal Credit online journal, including the name of the work coach you told and the date and time. Take a screenshot or a photo in case you need to prove what you told the Jobcentre and when.
  • Make sure your Claimant Commitment includes any limitations on the work or training you can do.

How can Maya avoid being sanctioned?

'I am on tablets for my anxiety. I’ve got interview with my work coach this week at the Jobcentre, but I don’t think I can make it. I had a panic attack yesterday at the thought of having to travel there on my own. I just stayed indoors all day with the curtains shut'. 

Maya

See if a family member or friend can travel with her to and from the interview.

 

YES

Ask her GP if they will confirm she has a genuine problem and what the coping strategies are that may help.

 

YES

Make sure her health condition is noted in her Claimant Commitment and includes any problems she has with attending interviews, work or training.

 

YES

Write a note in her Universal Credit online journal explaining what happened when she experienced anxiety about the appointment, and upload any evidence.

 

YES

Do nothing – just don’t go.

 

No

 

It’s hard when you experience anxiety, but if Maya does all she can to explain the situation to the Jobcentre, and to get her GP to confirm the situation, hopefully she will avoid a sanction.

We hope this guide helps you to avoid getting sanctioned in the first place. But if you have been sanctioned the next section will help you sort it out.

Disclaimer 

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements

Advicenow would like to thank all those who provided advice and feedback, particularly Maurice Serrell from Staffs Advocacy Services CIC, who peer reviewed this update.

This guide was updated thanks to funding from the Ministry of Justice.

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