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.
If you need help with the online appeal form when you appeal your sanction, you can get help from We Are Group. Read this guide for advice on what to say when you ask for an appeal. Find out more about how We Are Group can help.
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.
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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.
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:
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.
You can get a medium level sanction for:
You can get a high level sanction for:Have a look at these examples of why other people got sanctioned.
NulaI 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. | CarysI 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. |
FaradMy 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. | AmaniI 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 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.
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.
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: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.
‘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.
Make sure that your Claimant Commitment reflects the things that reduce or change your availability for work or certain types of work. For example:
If you have difficult personal circumstances, or need extra support, what the DWP call ‘complex needs’ for any reason, for example:
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.
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.
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.
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:
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.
| 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.
If you are sanctioned and lose your benefit there are still things you can do. Next, we look at how to challenge a sanction and how to get by.
Be aware! If you get sanctioned, keep doing the things you are expected to do, including applying for jobs,attending appointments and all the other things in your Claimant Commitment. If you can, do the thing you got sanctioned for not doing. Otherwise you could get sanctioned for longer.If you feel you have been sanctioned unfairly, you can and you should challenge it. You may be able to challenge the length of the sanction or the decision to sanction you at all.
Challenging a sanction can take time and energy that you may feel you haven’t got. But you may get a lot of benefit back.
It is usually best to start the process of asking the DWP to reconsider their decision (a mandatory reconsideration) before or at the same time as making a complaint. If you think you might have been discriminated against get advice quickly, as there are time limits for taking a claim.
There are different ways of challenging a sanction:
Challenging a sanction won’t mean they pay you while you wait for the decision, but it is worth doing anyway. However, you may be able to claim a hardship payment or other benefits.
When you ask the DWP to look again at the decision to sanction you, this is called ‘mandatory reconsideration’. You have to do this before you can appeal.
Below we outline the process to give you an overview of what it looks like. Then we explain what to do in more detail in the next section.
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The DWP will look at your reasons, and any other evidence they have, to see if they will change the decision. |
You will need the second copy if you wish to appeal. If their decision has been changed and you are happy with it, you can stop here. But if it hasn’t, don’t be put off. Most people win when they appeal. You have one month to ask for an appeal. And if you miss the one-month deadline it is still worth appealing anyway - late appeals are allowed within 13 months if you have a good reason for the delay. Be aware that more decisions are changed at the appeal stage than at mandatory reconsideration. |
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If you are successful, you will usually receive your money in 4-6 weeks. If it takes longer than this, it may be because the DWP are appealing to the upper tribunal. Try to get advice if this happens.
Next, we go into more detail about each of the above steps, to help you through the process.
Ask for a mandatory reconsideration within one month of being given the sanction if you can.Act quickly – and get advice if you can. If you cannot, follow this guide.
If you miss the one month deadline you can and should still ask for a mandatory reconsideration. But you should give reasons for requesting it after the deadline. A good reason might be that you didn’t understand that you could challenge the decision until today, or that you needed someone’s help and didn’t get that until now, or that being sanctioned had such a serious impact on your mental health you were not capable of asking for a mandatory reconsideration earlier.
Your request will likely be accepted if it is less than 13 months of since the decision. If it is more than 13 months, ask for an ’any time revision’ in your letter. Explain that you did not know you could challenge the decision until now.
You can ask the DWP to reconsider the decision to sanction you at any time if your Universal Credit is sanctioned. If the sanction relates to another benefit such as Employment and Support Allowance you need to act quickly – get advice. You can ask in writing, in your online journal if you have one, on the phone or in person. It is best to do it in writing if you can because that way you have proof of your request and the date you made it. If you are not doing it via your online journal, make sure to keep a copy.Look at the letter or the notification in your online account telling you about the sanction. It should tell you how to go about challenging the decision. It should also include the reason for your sanction, how long it will last and how much money is being stopped. If not, ask for that information. There may be more than one letter about the sanction so make sure you have all the information you need, and ask the Jobcentre for it if they haven’t supplied it.
In your mandatory reconsideration request letter explain why you think the decision is unfair or wrong. For example, because:
You will need to send copies of evidence to support what you say. See Be organised and keep records.
Try not to put it off. It doesn’t need to be long, and you don’t have to use the ‘right language’. We know it’s hard to know where to start so we’ve included an example below so that you can feel more confident about writing your own letter.
It is important to give all the facts about what you did and didn’t do, what you were told by the Jobcentre beforehand, and what your reasons were if you failed to do something. Remember to keep a copy. This will mean you have the best chance of getting the decision changed at this stage, and you will be able to use the letter again if you have to ask for an appeal.
If you have any more evidence that you think will help (for example, a letter from one of your doctors explaining how a condition affects you, or a receipt or ticket which shows your whereabouts at a certain time) send that too.
Below is a template letter that you can use to help you write your mandatory reconsideration request.
Address (Send it to the address in the letter telling you about the sanction) Date Dear Sir / Madam, Re: Your full name NI: Put your National Insurance number here Date of birth: Your date of birth Request for mandatory reconsideration I am writing to ask you to reconsider your decision dated (put the date on your letter or notice) about a sanction of my Universal Credit claim. This is because (put your reasons - see our reasons checklist below.) Please also send me copies of all the evidence used to make the decision. Thank you for reconsidering the decision. Your faithfully, Your name |
You can send the DWP your mandatory reconsideration request by copying the text into your online journal if you have one, or you can send it in the post (the address to use should be on your decision letter). You can also ask for a mandatory reconsideration by phone, but it’s best to follow this up in writing if you can. Keep a record of how you requested your mandatory reconsideration and what you said in the request.
Once the DWP has made their decision you will get a notice telling you the result.
Hopefully you will get a response within 8 weeks. However, there is no deadline by which the DWP need to respond to mandatory reconsideration requests, and it is not unheard of for people to wait up to 6 months. If you have not heard back after 8 weeks, you should email the Jobcentre plus service leader for your area.
In your email include your name, NI number and the date you submitted your mandatory reconsideration request. Explain that you wish to complain about the length of time the reconsideration has taken as the delay is causing you severe hardship. And then tell them about some of the impacts the delay is having on you, for example, if it means you don’t have enough money to feed yourself properly or go to medical appointments, or if the stress of not having enough money to live on is worsening your mental health. Another option is to complain to your MP, who will in turn complain to the Jobcentre plus service manager. You can find your MP and email them from They work for you.
If they have changed their minds, congratulations! You will get some money back and your benefit will be restored to what it was before the sanction. If your Claimant Commitment was not reasonable ask for it to be changed to better reflect your circumstances, for example, a mental health issue or your caring responsibilities.
If they didn't change their decision it is a good idea to keep going and appeal. This is because many cases which are turned down at the mandatory reconsideration stage are successful at appeal. Recent research found that 81% of people who appealed a sanction, won their case.
You need to send your appeal within one month, if you can. If one month has already passed you can still ask for an appeal if you have good reasons for the delay. Explain that you were unable to appeal sooner because you were unwell, or unable to access advice. If you include reasons, your appeal is likely to be accepted if less than 13 months has passed. After that time, it is possible – try and get advice if you can. If you cannot get advice, ask for an appeal and ask for an ’any time revision’. Explain that you did not know you could challenge the decision until now.
If you are waiting for any letters or reports that you want the tribunal to see, you can mention these in the appeal form and say you will send them in as soon as you get them. Don’t wait for them to arrive before appealing – it is fine to send them later.
When you appeal, an independent panel look at the DWP's decision to see if the right decision was made and change it if it was not. They do not work for the DWP. The independent panel is organised by the Court service (HMCTS).
There are two ways you can appeal. You use the form SSCS1 to ask for an appeal. You can download the form from the GOV.UK. Or, you can also submit your appeal online. Both are easy-to-use and understand. If you use the online version a record of what you have said gets sent to your email address. If you use the form try to keep a copy, or take a photo of each page with your phone.
In Northern Ireland you use form NOA1(SS). Although the information in this section will be useful if you are based in Northern Ireland, the process is slightly different than set out here. See appeal form NOA1(SS).
If you need help to ask for an appeal online you can get help from We Are Group. They can help with access to a device, data or provide guidance and reassurance on how to use the online service, or arrange an appointment where you can meet someone who will help you fill in the form.
If you would like their help:
You should get at least 14 days’ notice of the hearing, unless you agree to accept less by stating that you have no dates to avoid. It is up to you whether you do this. (Bear in mind that it will be even harder to get a representative to come with you if you have less than 14 days’ notice.) If you say that you do not need 14 days’ notice, make sure you get all the evidence you need ASAP – just in case you are offered a cancellation much sooner than you expected.
The HMCTS will send a copy of your appeal to the DWP and ask them to explain how they came to their decision. The DWP is supposed to do this within 28 days, although they can ask for an extension. You will receive a copy of their response. Don’t be put off if this is long or difficult to understand. Keep it safe. You will need it to prepare for your hearing.
You should start preparing now. The next section explains everything you need to do.
There are a lot of things for you to do over the next few months. It is important to start preparing as soon as you can. Some things can take a long time.
If you have not already tried to get help and advice do so now (See How to find an adviser). Some advisers may be able to help do some of this preparation for you. If you are lucky enough to find someone who can help with the preparation, make sure you are clear which things your adviser is going to do for you, and which you need to do yourself.
If you are OK with online things, i It is a good idea to sign up to the Manage your appeal service. This service enables you to keep track of how your appeal is progressing, and you can use it to upload evidence (including audio and video evidence if you want to).
It will send you texts or emails to let you know that the DWP have responded to your appeal, to confirm evidence has been received, and when your hearing date has been scheduled.
If you asked for an appeal online and gave them your email address, you will have received an email with a link to help you sign up. If you did not, you can sign up by calling 0300 123 1142 Monday to Friday, 8:30am to 5:00pm or by emailing contactsscs@justice.gov.uk. If you ask by email, you will need to include your National Insurance number, date of birth and postal address.
Usually you won't get told the date of the hearing until 2-3 weeks before. You should be given at least 14 days’ notice (unless you agreed to less on the form). You can phone the tribunal centre dealing with your appeal and ask them when your hearing is likely to be. They will be able to give you a rough idea of waiting times in your area.
If you are not getting any professional help to prepare for the hearing, you might want to ask somebody else to help you. You may not need any help, but it might stop it from feeling too stressful. This is particularly useful if you are not very good with paperwork or deadlines. If you do think it might be useful, think about who you could ask - do you have a family member, friend, or someone who helps you who is good with paperwork and organising things?Look at the papers that you were sent by the DWP explaining why they made the decision to sanction you. If it is very big or includes examples of test cases at the beginning, don’t let that put you off. You can ignore these.
The most important parts are the bits about why the decision to sanction you was made. Read through it and look for anything you don't agree with. Make a note of all the things that are wrong. If you can, say why you don’t agree with them or why they are wrong. You can include this in a statement to the tribunal - see below for more information on statements. Also think about how you could get further evidence (from your doctor if you were ill for example) that would give a fairer picture.
Check that everything you want the tribunal to read is in the papers. If anything is missing, send in a copy before the hearing. If it isn’t included in these papers from the DWP, the judge won’t see it unless you provide it.
It will help your chances of success if you can get evidence to prove what you say, if possible. What evidence you will need will depend on what your sanction is for.
For example, if you were sanctioned for failing to do something in your Claimant Commitment, but your Claimant Commitment didn’t reflect a health problem or caring responsibility which meant you were unable to do that activity, you would ideally need evidence to show that:
If you do not have that then evidence of your health problem or caring responsibility will help.
You may need evidence to show that you did or did not carry out a particular activity. Or evidence to show that you had a good reason for doing or not doing something. For example, if you were ill, who knew about it and could support your version of events?
Consider asking your GP, support worker or another health professional, your carer or a friend for a supporting letter.
Think about what evidence you already have. Do you have reports of physiotherapy, occupational health, or psychological assessments? Do you have copies of letters that the different doctors and therapists have sent to each other? Do you have letters or screenshots showing your were given an appointment at the same time as a part-time job or agreed training course the DWP knew about? Do you have receipts, tickets, or confirmation emails that show where you were or what you did? This type of evidence is likely to be very helpful. Does your phone have a record of calls made showing how you tried to ring the Jobcentre, or screenshots of messages you sent them, to tell them you couldn’t make it or were going to be late?
If you (or someone who could help you) are good with writing, you should think about writing a statement, because this counts as evidence too. A statement can be very useful as you can use it to set out all the points you want to make, which means that you don't have to remember everything you want to say on the day. They also give the judge time to think about what you’ve said before they meet you. If you can, send it to the tribunal in advance.
On the left is information to help you write your statement to the tribunal. It tells you all the things you should try to put in your statement and how to begin. You don’t need to fill in every box, only the ones which are relevant to you.On the right is Carys’s statement. We have included it to give you an example of what a statement might look like.
Carys's statement
| Explain why you are writing. | I am writing to explain my reason for appealing the decision to sanction my Universal Credit. |
| Tell them what you were sanctioned for | My sanction notification said the DWP were sanctioning me for failing to attend a work programme course. |
| If the DWP said you failed to do something, explain how you did it. | I did not fail to attend the work programme. In fact I attended six sessions. |
If you had a good reason for not doing something, explain what it is. If your good reason is health related explain how your condition or disability affects you. If your reason for doing something was that it hadn’t been explained to you properly, say so. | However, I was late for two sessions and as a result I lost my place. I had a good reason for being late. The work programme sessions were in the morning. My depression means I feel very lethargic and foggy in the mornings. I often struggle to get up, to get washed and dressed and to get out the house. I feel depressed every day. I tried very hard to get to the work programme on time. But neithe my work coach nor the programme provider explained that if I was late I would lose my place. |
| If you were sanctioned for something that wasn’t in your Claimant Commitment, explain what it is. | |
If your Claimant Commitment didn’t reflect the things that reduce or change your availability for work or certain types of work, explain why. Remember to say everything – even things that you find embarrassing. | My depression means that working in the morning, and doing work-related activity in the morning is extremely difficult for me. My ability to go to meetings, interviews and training on time and without fail is compromised by the severity of my depression. The stress of being sanctioned is making my depression worse. I believe that my Claimant Commitment should have reflected my depression and not included activity that takes place first thing in the morning. |
| If there is any other evidence that backs up what you are saying, refer to it. | The letter from my mental health worker, Anne Neale, confirms my depression and the difficulties I have with morning appointments. The print outs of my Google timeline shows that I was at the address of the work programme on time on four occasions, and late on two others. |
| If you disagree with anything else in the papers from the DWP, you need to tell them what was wrong and why this isn't right. | |
| When you have finished writing the statement, read it back through more than once. Does it say everything it would be helpful to say? |
Read all the evidence through - does it support your case? If it doesn't, you don't have to send it to the tribunal (but if they ask if you had any evidence you didn't send them, you have to tell the truth).
If you are using the Manage your appeal service, then you will be able to submit evidence online, including video and audio files. If you are not using the online service though, you should try to get as much of your evidence as possible on paper. Read more about printing from your phone.
If the evidence is already on paper, photocopy it, and send it into the HM Courts and Tribunal Service before your hearing. Try to keep your evidence organised and neat. Ideally, send it at least a week in advance. On the day of your hearing, take your copies with you, and ask the tribunal to confirm that they have already received them. If they haven’t, you can give them your copies.
If you are attending an in-person hearing, work out how you will get there and how long it will take the day before. The last thing you need is to add to your stress by getting lost, not being able to park, or being late.
If you have a telephone or video hearing, make sure you understand how that is going to work. An online video hearing involves a link that you will need to use to connect to the tribunal from your laptop, tablet or smart phone. If you're not sure, ask your adviser, if you have one, or ask the tribunal service for help.
See our guide on court and tribunal hearings by telephone or video for more information on how these types of hearings work.
It is best not to take your children to the hearing with you. In fact, if they are with you, they will usually not be allowed into the hearing. If it will cost you, get a note from the carer/childminder confirming their rate – you will be able to reclaim some expenses.
If you are going to a hearing in person, you can claim travel expenses for the day of the hearing if you use public transport or travel by car. You can also claim for a meal if you are away for more than five hours. If you have to take time off work, you may also be able to claim expenses for loss of earnings. And if you have had to pay a carer or childminder you can claim expenses up to the National Minimum Wage for the time you have been away.
Before you go to your hearing, check the current rules on expenses on GOV.UK.
The tribunal clerk will help you fill in a claim form when you go to the hearing. Make sure you take receipts for your travel and lunch. If you have lost earnings, make sure you have a letter from your employer confirming this.
Contact the tribunal before the hearing if you need help.
This is really useful and also stops the hearing or the preparation from getting too stressful. Every time you think of something the Jobcentre got wrong, make a quick note of it. Remember to take these notes with you to the hearing so that you can tick them off as you say them. Be prepared to answer the judge’s questions first – you won’t necessarily get to say everything you want to say in order. But you should be asked if you want to add anything at the end.
Hearing datesIf you can't attend on the date they give you, contact the tribunal centre and ask for another date as soon as you can. Don't put it off or just do nothing about it - they are usually extremely helpful. You may have to explain why you can't go and you should have a very good reason, like a hospital appointment. If you rang the tribunal centre, it’s a good idea to follow up with a letter or email and to keep a copy - that way, if anything goes wrong, you can prove you told them. If you leave it until the last minute, they may not change the day and the appeal might happen whether you attend or not. If they refuse to change the date, you should do everything you can to move your other appointment. If your appeal is decided without you in these circumstances, and you are not happy with the outcome, get advice in case there is anything else you can do. If you have been given a date for the hearing but you are not ready yet, you can ask for a postponement but you’ll need to give a good reason. For example, if you are waiting for a particular letter or report that you want to provide, explain why it is important for the tribunal to see it and say when you think you will be able to send it. |
Your hearing might be postponed or delayed
In some areas, hearings are often postponed. This might be because the judge is unexpectedly not available to hear your appeal. Hopefully this won't happen to you, but it is possible that you will arrive to find that you have had a wasted journey.
At other times appeals are delayed in order to get more evidence. This can be frustrating, but it is often better in the long run as the tribunal will have more information to base their decision on.
Many hearings happen over video now. However, some are still face-to-face. Whatever kind of hearing you have you should prepare in a similar way.
Attending a hearing isn’t like going to court. You can go alone or take a friend or family member with you for moral support. The hearing itself will usually last about 40 minutes.
You can attend alone, take a friend or family member with you for moral support or a representative.
Sometimes the tribunal will decide the case in your favour just on the evidence, statement, or your explanation on the appeal form. If this happens they may ring you the day before the hearing or tell you when you arrive so the hearing won’t need to go ahead.
Face-to-face hearings
When you arrive at the tribunal centre you will usually be shown into a waiting room. You might have to wait here for a little while. When the judge is ready for you, you will be called into the room.
When you go into the room (it often looks like an office) there will be a big table in front of you. You (and anyone who goes with you) will sit at one side of the table and the judge will sit on the other side.
The judge will introduce themselves and explain what will happen.
Stick to what you wanted to say, and answer their questions fully. Remember – it is your appeal. If you get upset at any point you can ask for a short break.
The DWP has a right to send somebody to your appeal to explain why they made their decision. They may ask some questions. Don't worry about this though. If they do send someone, it will not be the person that made the original decision about your sanction.
The judge will usually make the decision that day. If the hearing is in person, you will be asked to go to the waiting room while the judge decides your case. This usually takes between 10-30 minutes. You will then be asked back into the room and told the decision. They will give you a written outline of their decision as well.
In Northern Ireland, you are not usually told the decision on the day. You normally have to wait for a letter telling you the outcome.
Sometimes the judge will not be able to make a decision quickly. If this happens, they will post it to you instead. It should arrive within a week or so.
What to have with you on the day
You can take a friend or relative to the appeal with you. If you are taking part by phone or video call, you can also ask for someone to be on the call with you, but you will need to check with the tribunal in advance. Find out more about how to have someone support you during a remote hearing.
If you have asked somebody to attend with you to give you support, show them the information in the box below, called 'For friends and relatives.' It explains what they can do to help.
You must not record a hearing – whether it is in-person or by phone or video call.
You must not eat or drink anything except for water or if you need to for a medical condition.
You must not smoke or vape during a hearing.
If someone has asked you to attend the hearing with them to give them support, there are several things that you could do that would be very useful.The tribunal will tell the DWP their decision and you’ll get an official notice of the decision.
If you were successful, the DWP will work out how much they owe you. You will usually receive your money in about 4 - 6 weeks, unless the DWP appeal.
The DWP has the right to appeal to the Upper Tribunal if they think the tribunal judge did something wrong. They may ask the tribunal for a ‘statement of reasons’ which explains why the tribunal made the decision it did. If the DWP thinks there was an ‘error of law’ it can ask for permission to appeal. It is rare that the DWP appeals a decision, but the time it takes to get the ‘statement of reasons’ can delay you getting your money. If it does happen, they will write and tell you.
If you weren't successful, you will be sent a leaflet to explain your options. Sometimes you might be able to appeal to the Upper Tribunal. This is like a higher court. However, this can only be done if the judge did something wrong with the law. It is very complicated, and very few people can do this without an experienced adviser. If you want to look into this possibility, you need to move quickly - you will need to ask for a copy of the tribunal’s ‘statement of reasons’ within one month. See How to find an adviser.
You can complain to the DWP and ask your Member of Parliament (MP) for help.
You can complain about the service you have received from the DWP by writing to them. There is an online complaints system for some benefits, including Universal Credit. For example, you can complain if you were sanctioned without being given the chance to explain your version of events or if the DWP failed to take into account a health condition when setting your work-related requirements.
For more information on how to complain see Complaining about the service you've received - benefits and tax credits from Citizens Advice.
If you are sanctioned or threatened with a sanction unfairly, you can also complain to your MP. Write to their office and send a copy of the letter to the Jobcentre dealing with your case. The Jobcentre may take your complaint more seriously when they see that you have involved your MP.
Your complaint letter doesn’t need to be long or complicated. You will need to include your name, address, contact details, date of birth and National Insurance number. Then explain why the decision to sanction you was unfair. And the impact the decision has had on your ability to feed yourself (and your family), to heat or light your home, to pay for basics like soap or shampoo, the impact it has had on your health, and your ability to look for work.
Did you have a good reason for doing or not doing the thing you were sanctioned for? Was that reason to do with your disability (or other protected characteristic)?
Or was your Claimant Commitment unreasonable given your health condition or disability?
If yes, you might be able to make the case that the DWP was discriminating against you.
| ‘I was sanctioned for not going on a training course. I didn’t realise I had to go on it. I got independent advice and they said that because of how my disability limits my availability for work I probably shouldn’t have been required to go on a training course in the first place.' | ‘I have depression which is particularly bad in the mornings. The Jobcentre arranged a training session on the other side of town for 9.00. I just couldn’t get there. I was sanctioned for four weeks.’ |
See Disability discrimination and welfare benefits from Citizens Advice for more information.
If you think this might have happened to you – get advice as soon as you can as there are time limits for making a claim. You can also make a complaint at the same time.
I couldn’t buy food, electricity etc. No warning. Massively added to my mental health stress.
It’s hard enough getting by financially on benefits, and really tough when you get sanctioned. But there may be other benefits and entitlements that you can get that might help a bit.
You may be entitled to other benefits so check your entitlement with an advice agency or an online benefit calculator, such as the one provided by Turn2us.
Make sure you claim as soon as possible.
If you have been sanctioned you may be entitled to a hardship payment and may still be entitled to help with your housing costs. Hardship means severe suffering or lacking the essentials of life (food, clothes, heating and accommodation).
To claim a payment you need to call the Universal Credit helpline or go to your local Jobcentre Plus office to get an appointment where you will be asked for more information. If you are on other benefits, you may need to complete a hardship payment claim form to apply. You get this form from the Jobcentre. At the interview (or on the form) give as much evidence of your circumstances as you can, for example, a note from your doctor or a repeat prescription to show your medical condition, award notices, and bank or building society statements.
For more information on hardship payments see: What is a hardship payment?
Hardship payments of Universal Credit usually have to be paid back, but this is up to the DWP. If you are successful in challenging the sanction decision, you will not have to repay the hardship payment.
You can also find out about local emergency payments on the Advicelocal website. Put in your postcode and select ‘Welfare benefits’. Scroll down the page to ‘What other help is available?’ to find links to local help.
A sanction does not always stop all of your benefit, for example, if you were on Universal Credit, elements for children should continue.
The Jobcentre only tells the council that your benefit has stopped, not that you have been sanctioned. So, the council may stop paying benefits yuo are getting via them, such as Council Tax Reduction and Housing Benefit. If this happens you risk getting into arrears. Try and prevent this by telling your council as soon as you are sanctioned. Take them proof of the sanction and your changed income.We have heard of some jobcentre staff threatening to stop people’s Housing Benefit as a sanction. This is not correct – they are not allowed to do this. They are only able to stop your Jobseekers Allowance or Universal Credit. If you have been threatened with this, ensure it doesn’t happen by informing the Housing Benefit and Council Tax Reduction office that you have been sanctioned and providing evidence how your income has changed.
I got a note on my Universal Credit journal from the Department for Work and Pensions. They have reduced my Universal Credit for 7 days. I was supposed to have a meeting with an adviser last Monday but it was at the same time as I had my appointment at the community mental health clinic. I phoned the Jobcentre and explained, so we changed it to this Thursday. Now they say we changed it to last Thursday. I’m so angry - I know it was this Thursday as I wrote it on my calendar. I also emailed my son’s school telling them that someone else would be collecting him on that day and why. I don’t know what to do. I only have £9 left! What are we going to live on? How am I going to pay the rent?
Tamsyn has been sanctioned. What can she do?
| 1. Ask the Department for Work and Pensions to reconsider the decision to sanction her. | Tamsyn needs to start the process of getting someone to change the decision as soon as possible – so the first step is to ask Department for Work and Pensions to reconsider the decision. She is also going to need some money – soon – so applying for a hardship payment is the next step. However realistically, with only £9 to her name she may also need to ask a friend or family member for help. Tamsyn’s MP may be able to make a difference so it is worth complaining to them as soon as possible. Finally, Tamsyn can’t appeal until she knows the result of the reconsideration, So it is something she may do later but cannot do immediately. In practice you would probably do the first four things on this list all at the same time. |
| 2. Confirm a new date for the interview to make sure the sanction doesn't get extended. | |
| 3. Apply for a hardship payment. | |
| 4. Borrow some money from a friend or family member. | |
| 5. Complain to her MP. | |
| 6. Appeal. |
If the organisation you contact says they are too busy:
It is now much harder to find advice and help with your benefits than it used to be. But it is worth trying to see if you can get a bit of help to work out if you were sanctioned fairly, or to check what other benefits and entitlements you may be able to get.
A few agencies may even be able to help you ask for a mandatory reconsideration, complete your appeal form, or even come with you on the day. So, it is worth ringing round a few to check what help is available. Be sure to accept any help a local agency can offer you!
Check if your local council has a welfare rights service. In some cases they will be able to represent you. Phone the council and ask for ‘welfare rights’, check their website, or ask in your local library. Where these still exist, they are often very good.
Law Centres employ solicitors and caseworkers specialising in social welfare law including discrimination. They provide free advice, representation, and education on legal rights. Check if there is a Law Centre near you.
If you’ve nowhere else to turn, try your MP. They often have a caseworker who is not usually an expert on benefits but they will often be familiar with the problem and might well be able to help you.
Appeal - This means a judge (or in Northern Ireland a legally qualified member) who does not work for the DWP or DfC will look at your claim and see if the right decision was made. If they think the wrong decision was made, they will change it.
Benefits adviser - This is a benefits expert who can give you advice about your sanction. They may also be able to help you prepare for the hearing or even represent you.
Clerk to the Tribunal - This is the person who organises the hearing and deals with the paperwork.
Claimant Commitment - to get Universal Credit you have to carry out certain work-related activities which are set out in your ‘Claimant Commitment’.
Complex needs - if you have difficult personal circumstances, or need extra support, for example, a disability or addiction.
Department for Work and Pensions (DWP) - This is the government department that deals with most benefits and runs Jobcentres.
Department for Communities (DfC) – This is the government department in Northern Ireland that deals with most benefits and runs Jobcentres.
Error of law – where a decision was wrong because of a mistake in applying or interpreting the law.
Find a Job – the government’s online job site.
Hearing - This is when your appeal is looked at by the Tribunal. You can have a hearing in person (also called an ‘oral hearing’) where you speak to the Tribunal (which can be in person, by telephone or video call.) Or you can have a written hearing (also called a ‘paper hearing’) when the tribunal just look at the papers again on their own. We strongly advise you to attend a hearing, whether in person or by phone or video call. You have a better chance of success if you do.
Her Majesty’s Courts and Tribunal Service (HMCTS) - This is the government department that organises the tribunal judge and the hearing. In Northern Ireland it is the Northern Ireland Courts and Tribunal Service (NICTS).
Legally Qualified Member – the person who hears your appeal in Northern Ireland. (In England, Wales and Scotland this is the judge.)
Mandatory reconsideration - This means the DWP will look at their decision again. You must ask for a mandatory reconsideration before you can appeal a decision.
Northern Ireland Courts and Tribunal Service (NICTS) - This is the government department in Northern Ireland that organises the legally qualified member and the hearing.
NOA1(SS) - This is the form you must use to ask for an appeal if you claim benefits in Northern Ireland.
Online journal – Part of your online Universal Credit account where you can send and receive messages from your work coach and keep a record of what you’ve done.
Protected characteristics – personal characteristics which mean you are protected by discrimination laws.
Representative - This is an expert in benefits who might help you prepare for the hearing, gather evidence for the appeal, write to the tribunal and may be able to will come with you to help you put your case.
Sanction - A benefit sanction is what the DWP and Jobcentre calls it when they reduce or stop your benefit payment for a period of time. This might be because they decide, for example, you are not actively seeking work, you missed a work-focused interview, or some other reason.
Screenshot – also called a screen capture or screen grab – when you take an image of what is shown on the screen on your phone, tablet or computer.
Social Security and Child Support Tribunal - This is the name for the body, which is separate from the DWP who will hear your appeal to see if the DWP made the right decision.
SSCS1 (NOA1(SS) in Northern Ireland) - This is the form you must use to ask for an appeal
Statement of reasons - If the DWP is thinking about appealing against a tribunal decision, they must ask the tribunal for full written reasons for the decision.
Upper Tribunal - This is like a higher court. If you weren't successful in your appeal, you might be able to appeal to the Upper Tribunal, but you can only do this if the judge made a mistake with the law.
Work Capability Assessment - This is the process by which the DWP assess whether you have limited capability to work or limited capability for work-related activity, and are therefore entitled to Employment Support Allowance or the limited capability for work element of Universal Credit.
Work coach / Jobcentre adviser – A member of staff at the Jobcentre who you will speak to regularly as part of your benefits claim, including setting your Claimant Commitment.
Work focused interview – A meeting with a work coach to help you move into work, or to find more / better paid work, or to prepare for doing these things in the future. It looks at t what you can do and what support you might need. Regular interviews are called 'work search reviews' (where the work coach checks what you have been doing to find work).
Work-related conditions / requirements – These are the activities that the DWP believe will help you be able to have a job in the future. You may need to take part in work-related activity to continue receiving benefit. The DWP should make it clear if you have to do this and what will happen if you don't. Work-related activity consist of updating your CV, going to training courses, and doing various tasks that the DWP say will make you more able to get a job later.
The information in this guide applies to England, Wales and Scotland. It will also be useful for people in Northern Ireland, although there are some differences to names and processes.
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.
 | March 2024 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. |
 | March 2022 This guide was updated thanks to funding from the Litigant in Person Support Strategy. |
 | April 2019 This guide was written and produced by Advicenow with funding from National Lottery Community Fund. Advicenow would like to thank all those who provided advice and feedback, particularly Will Hadwen, contributor to CPAG Welfare Benefits and Tax Credits handbook, Sabine Isaac and Melissa Markwell of the Royal British Legion, Greg Voiels from the Wolverhampton Welfare Rights Service (City of Wolverhampton Council), Katy Watts and Matt Ahluwalia of Public Law Project, and Amira Asghar. |
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