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Sanction Problems
- Gordon
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11 years 5 months ago #114713 by Gordon
There are a variety of reasons why a claimant might be requested to complete an ESA3, most of the time it is related to the payment of an ESA Premium, so it is often suggested for members who have a Support Group award.
My understanding is that ESA(CB) is always payable in preference to ESA(IR) so whether you are eligible for it will depend on your personal circumstances.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
and of course household income.
There do seem to be problems with sanctions being lifted, five to six weeks does not appear to be uncommon.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Sanction Problems
persona1973 wrote: Hi All
Thanks for the advice above - apparently you can apply for a hardship loan if you fill in an esa3 if you are on contribution based esa. The form is quite bewildering and much above what I've previously had to fill in - has anyone experience of these?
Also I wondered if anyone else was suffering from this backlog of sanctions being lifted - im next in at my work programme tomorrow so will then see what can be done - its four weeks today since the sanction was applied but the paperwork has still not arrived.
There are a variety of reasons why a claimant might be requested to complete an ESA3, most of the time it is related to the payment of an ESA Premium, so it is often suggested for members who have a Support Group award.
My understanding is that ESA(CB) is always payable in preference to ESA(IR) so whether you are eligible for it will depend on your personal circumstances.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
and of course household income.
There do seem to be problems with sanctions being lifted, five to six weeks does not appear to be uncommon.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: persona1973
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- persona1973
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11 years 4 months ago - 11 years 4 months ago #115527 by persona1973
Replied by persona1973 on topic Sanction Problems
All
Thanks for all help previously - I though I would update as my experience might be beneficial to other members of the forum.
Ultimately my one week sanction took six weeks in total to apply meaning that I receivied a backdate of 5 weeks towards the end of december, the decision having been applied just before Xmas.
Ultimately the job centre were sympathetic but said they could only intervene after around 8 to 10 weeks. Had the situation lasted into january i would have done this.
However in a turn of events I wasnt expecting, I wrote asking for a mandatory reconsideration in early December and followed up on this letter this week (sent registered delivery) - the dwp decision maker said that it hadnt been received or wasnt on the system but asked for my reasons for being late to the appointment.
She was highly sympathetic when I explained the problems in attending (new location, distances, panic and anxiety, medical problems) and also accepted that despite being late I didnt not attend the appointment and made every effort to go there. Also that I had attended all other appointments and this was a one off and could be hopefully treated lenienly.
She has now reversed the decision and in addition to the restoration of the one week payment my sanction record is now clean.
I hope that helps anyone in a similar situation. My advice would be not to wait for reinstatement but to hit the reconsiderations as soon as possible - it does not seem to prejudice the outcome (which was my worry) of the matter.
Thanks for all help previously - I though I would update as my experience might be beneficial to other members of the forum.
Ultimately my one week sanction took six weeks in total to apply meaning that I receivied a backdate of 5 weeks towards the end of december, the decision having been applied just before Xmas.
Ultimately the job centre were sympathetic but said they could only intervene after around 8 to 10 weeks. Had the situation lasted into january i would have done this.
However in a turn of events I wasnt expecting, I wrote asking for a mandatory reconsideration in early December and followed up on this letter this week (sent registered delivery) - the dwp decision maker said that it hadnt been received or wasnt on the system but asked for my reasons for being late to the appointment.
She was highly sympathetic when I explained the problems in attending (new location, distances, panic and anxiety, medical problems) and also accepted that despite being late I didnt not attend the appointment and made every effort to go there. Also that I had attended all other appointments and this was a one off and could be hopefully treated lenienly.
She has now reversed the decision and in addition to the restoration of the one week payment my sanction record is now clean.
I hope that helps anyone in a similar situation. My advice would be not to wait for reinstatement but to hit the reconsiderations as soon as possible - it does not seem to prejudice the outcome (which was my worry) of the matter.
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #115530 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Sanction Problems
persona1973
Glad to hear that you managed to get it sorted and thank you for posting the additional information, it helps us to advise other member in similar circumstances.
Gordon
Glad to hear that you managed to get it sorted and thank you for posting the additional information, it helps us to advise other member in similar circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 4 months ago #115534 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Sanction Problems
Glad that you were able to get this sorted out in your favour.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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