4 Week Sanction - 2 Week Job Search

Gavin Shaw made this Freedom of Information request to Department for Work and Pensions

The request was successful.

From: Gavin Shaw

17 December 2012

Dear Department for Work and Pensions,

Could you please review the following information and indicate
anything that may of been misunderstood in regards to Job Seeker
Entitlement to Benefit Since October 22nd 2012.

Under the Universal Credit System, coming into force next year,
benefits will be paid monthly, is this correct?

So.. Universal Credit Monthly Payments, that are not yet in place,
means that 4 Weeks Benefit Sanctions are based on 2 Week Job Search
Evidence.

Is this Correct?

Yours faithfully,

Gavin Shaw

Link to this

From: DWP freedom-of-information-requests
Department for Work and Pensions

17 December 2012

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.

By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 

If your email is a Freedom of Information request you can normally
expect a response within 20 working days.

Should you have any further queries in connection with this request do
please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

Link to this

Gavin Shaw left an annotation (17 December 2012)

Quote-marks Point of Universal Credit? - Make unemployed live in a real "Work" environment. Who of anyone who is in Full Time Work get's the following treatment?

Works 4 Weeks, Paid for 2? - Sanctioned 1 month, on 2 Weeks Job Search

How Long Does A Worker Wait To Receive 2 Weeks Wages "Due to a System Payment" Error. - A Lot Quicker Then JCP & DWP sort it out I bet.

Just 2 Reasons as to WHY Sanctions obviously meant to be in force for the Universal Credit System. are in force NOW.

Tweeet Tweet I think.

Link to this

From: DWP freedom-of-information-requests
Department for Work and Pensions

27 December 2012

Our Ref: VTR4987

Dear Mr Shaw,

Thank you for your email of 17th December.

You asked us to “review the following information and indicate anything that may of been misunderstood in regards to Job Seeker Entitlement to Benefit Since October 22nd 2012.
Under the Universal Credit System, coming into force next year, benefits will be paid monthly, is this correct? So.. Universal Credit Monthly Payments, that are not yet in place, means that 4 Weeks Benefit Sanctions are based on 2 Week Job Search Evidence.”

You are correct that Universal Credit will be paid monthly in arrears to most claimants.

We are not clear what your specific question is in relation to benefit sanctions and so have provided information on the changes made to the existing JSA sanctions regime this year and the planned UC sanctions regime.

The JSA sanctions regime was revised from October 2012 to broadly align with the Universal Credit model.

Revised JSA sanctions regime

The revised sanctions regime features three categories of sanction to be applied in different situations. There is no direct link between the length of a sanction and the period of benefit or job-seeking that precedes it. Rather, sanctions are set to provide an incentive for people to comply with work-search requirements.

High level sanctions will apply when claimants fail to comply with key job-seeking requirements, for example leaving employment voluntarily or refusing to apply for a job.

For these failures the sanction periods will usually be the following fixed periods set out below:

• 13 weeks for a first failure;
• 26 weeks for a second failure committed within 52 weeks of the previous failure; and
• 156 weeks (3 years) for a third or subsequent failure committed within 52 weeks of a previous failure that resulted in a 26 week sanction.

Intermediate level sanctions will apply when a claimant becomes re-entitled to JSA following disentitlement for not being available or actively seeking work. These sanctions are 4 weeks for a first failure and 13 weeks where there has been a further disentitlement within 12 months. The sanction will be reduced by any benefit period will for which the claimant was disentitled and so not paid benefit or during which they were not claiming benefit.

Low level sanctions apply when a claimant fails to comply with a requirement that was designed to improve their chances of finding work or preparing for work, for example failing to attend an adviser interview at the Jobcentre.

The sanction periods are the following fixed periods set out below:
• 4 weeks for a first failure;
• 12 weeks for a second failure committed within 52 weeks of the previous failure

Universal Credit Sanctions Regime

The Universal Credit sanctions regime will feature four levels of sanction. The type of sanction a claimant may receive will depend on their conditionality group and the requirements placed on them as a result.

High level sanctions will mirror the existing JSA high level sanctions. The sanction periods will normally be:

• 91 days for a first failure;
• 128 days for a second failure committed within 365 days of the previous failure; and
• 1095 days (3 years) for a third or subsequent failure committed within 365 days of a previous failure that resulted in a 128 day sanction.

Medium level sanctions will apply when a claimant fails to take all reasonable work search action or fails for no good reason to be able and willing to take up work immediately (or more paid work or better paid work). The sanction for failing to meet these requirements is 28 days for a first failure, which rises to 91 days for a second and subsequent failure within 365 days of the previous failure.

Low level sanctions will apply to claimants who fail to meet requirements which are designed to improve their chances of finding work or preparing for work, for example failing to attend a training course.

There will be two components to a low level sanction:
• an open ended component which starts from the date of the sanctionable failure and ends when the claimant meets a compliance condition (or the award is terminated or the requirement lifted); and
• a fixed period of 7 days for a first failure, 14 days for a second failure at the same level within 365 days of a first and 28 days for a third or subsequent failure within 365 days of the previous failure.

In most cases the compliance condition will be the activity the claimant originally failed to do but where this is no longer appropriate, for example, if he failed to attend a training course which is no longer running, then he can be requested to meet an alternative requirement. The open ended reduction period is intended to encourage claimants to quickly re-engage with specific requirements and the fixed component will ensure that there is always a consequence for failure to comply.

Lowest level sanctions may apply to claimants subject to Work Focused Interview requirements only and fail to participate in a work-focused interview or connected requirement for no good reason.

The sanction will be open ended. It will start from the date of the sanctionable failure and end when the claimant meets a compliance condition (or the requirement lifted).

In all cases, claimants will be able to request further information about the decision to sanction, request a reconsideration and appeal the decision

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely,

DWP Central FoI Team

------------------------------------------------------------------------------------------------------

Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF www.ico.gov.uk

show quoted sections

Link to this

From: Gavin Shaw

9 January 2013

Dear DWP freedom-of-information-requests,

With regards to the information that was not made clear in
receiving response for, then please find the below information that
would clarify a response to what I have endured.

What is the length of a current sanction period for failing to
participate in a Work Programme "Job Search Review", where the WP
Provider was contacted prior to the appointment and notified that
for a 2nd successive time, to that due to a benefit sanction of 13
weeks, meaning that travel expenses were not available in order to
attend a Work Programme Job Search Review on the same day in which
A Job Search review would be required at the time of signing on? If
A Work Programme Provider fails to provide Discount Travel Cards.
as their welcome pack suggests, but much rather rely on the Travel
Costs being found upfront, to then be reimbursed once Bus Tickets
were handed over, would mean that any attempt to have benefit
sanctions applied for this reason, be considered appropriate? If a
3 week sanction had been applied for the latter reason, which left
the job seeker with no JSA between October 25th 2012 to January
17th 2013, in which one payment of JSA was made (which turned out
to be a reversed decision on a previous attempt to sanction a
claimant) Then does this mean that throughout this period of time,
would it be correct in assuming that the claimant continues to sign
to claim N.I contributions? - If this is so, is the claimant
required to participate in the Work Programme whilst claiming N.I
Credits only, or would it become Voluntary? Finally, could you
please clarify that as of October 22nd 2012, any sanctions imposed
on a claimant which that requires an updated Job Seekers Agreement
in order to receive benefits after this date, therefore mean if a
Claimant has been sanctioned from October 25th 2012 - December 31st
2012 where a Job Seekers Agreement had not been updated since 2011,
due to no appointments being arranged with JC+ or No appointment
made with a Work Programme Employment Adviser being made, meaning
no signature from a Claimant in over 16 months to agree that
meeting conditions set back then, could be sanctioned using
sanction lengths used from October 22nd onwards, something a
claimant is liable for, or is it JC+ or a WP employment adviser's
responsibly to ensure that the agreement is current, and signed in
agreement with?

Yours sincerely,

Gavin Shaw

Link to this

From: DWP freedom-of-information-requests
Department for Work and Pensions

9 January 2013

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.

By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 

If your email is a Freedom of Information request you can normally
expect a response within 20 working days.

Should you have any further queries in connection with this request do
please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

[1]http://www.dwp.gov.uk/freedom-of-informa...

show quoted sections

References

Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...

Link to this

From: DWP freedom-of-information-requests
Department for Work and Pensions

29 January 2013


Attachment FoI 124 29.01.13.pdf
17K Download View as HTML


Dear Mr Shaw

Please see attached response to your FoI request.

Kind regards

DWP Central FoI Team

show quoted sections

Link to this

Things to do with this request

Anyone:
Department for Work and Pensions only:

Follow this request

There are 4 people following this request

Offensive? Unsuitable?

Requests for personal information and vexatious requests are not considered valid for FOI purposes (read more).

If you believe this request is not suitable, you can report it for attention by the site administrators

Report this request

Act on what you've learnt

Similar requests

More similar requests

Event history details

Are you the owner of any commercial copyright on this page?