A friend's JSA sanction, possibly due to Work Programme, needs to claim Hardship Allowance

[MachoShirts]

Hello,

 

I'm in the process of dealing with a friend's JSA claim and possible claim for Hardship Allowance.

 

My friend suffers from pretty bad depression and, although he has informed the DWP about this since it started nearly two months ago, has struggled to keep both appointments with his GP concerning treatment and with the Work Programme he was assigned to.

 

This has essentially arisen from the passing of a family member which he mentioned around a month and a half ago when he failed to attend an initial Work Programme meeting, which they were fine with. They scheduled a follow-up appointment via post which he failed to attend as he received the letter after the scheduled appointment time. He submitted a letter for this and they were again fine with this overall. But they made another appointment for the Work Programme on July 26th which he failed to attend (one of the coexistent symptoms is insomnia, so he woke up late). While waiting for someone to get in contact with him concerning rearranging the appointment again, he received a letter stating he was to be sanctioned for four weeks starting from August 1st.

 

As the letter arrived Friday he was unable to do anything about it immediately and this has caused him a great deal of stress, which is why I've agreed to help him sort everything out.

 

So, here's where the questions come.

 

Firstly, after reading the relevant parts of Chapter 35 of the Decision Maker's guide online, I've pieced together that he should be able to claim Hardship Allowance following an initial 14 day period, so for the final two weeks of his sanction. This would involve filling in form JSA10 from the Jobcentre which he is going to collect tomorrow. However, I've read on another post here that people sanctioned due to the Work Programme are unable to claim Hardship Allowance at all. Is this correct? The letter doesn't state that the sanction is due to this, but it's pretty much assumed since the Work Programme was the only appointment he missed.

 

Secondly, I am also planning on launching an appeal for the sanction on his behalf. I'm unsure how much of his depression has been noted by the DWP but I know he has disclosed this information on the previous two occasions mentioned and they have been fine with this. I've downloaded form GL24, with the aim of completing it and handing it directly to the Jobcentre tomorrow. It mentioned I can request a Statement of Reasons to outline why the sanction was imposed, but that limits the time to appeal down to just 14 days from when the request is received.

 

Is it worth requesting a Statement of Reasons before launching the appeal? Also, how long does it take to receive this? And can they provide information behind the reasoning of the sanction over the phone?

 

This is all a little new to me. I've had one sanction myself before but I successfully appealed it straight away and there was no noticeable impact on my own benefits (aside from a slightly higher phonebill from having to nag them constantly, hehe).

 

Thanks again for reading this and for any/all help provided in advance.

 

Chris

 

(PS. I feel obligated to mention that MachoShirts is actually an anagram of my name. I just realised the name sounds a little bit yob-ish.)

[MachoShirts]

I'll just provide an update on how things panned out, in case it may help others in a similar situation.

 

I was advised to take the step prior to launching an appeal, which is to ask for a reconsideration of the sanction via letter. I sent an initial letter around August 13th outlining my friend's battle with depression and how it has affected his day to day life, including his ability to sleep and make appointments on time, and how this relates to his sanction. Then, on August 15th, he received a letter concerning a second sanction for the same period due to another missed appointment. I then placed another letter in on the same day asking for them to reconsider this decision too while summarising what was said in the initial letter.

 

On Monday, I called up to see if there was a response. They declined to reconsider the sanction as they stated he should've had put steps in place to make sure he was able to attend interviews, as well as the fact that the reasons stated appeared to have no impact on his ability to make DWP-based appointments.

 

On the same day, he attended an appointment concerning claiming Hardship Allowance for the period of sanction. He outlined his depression as his reason for hardship and the advisor classified him as 'at risk', meaning he was able to receive hardship allowance at a rate of 40% less than his benefit entitlement which was backdated to the beginning of his sanction, eliminating the 14 day waiting period. He's decided not to launch an appeal against his sanction as the money he receives from hardship will be enough to see him through.

 

He wasn't asked for any evidence from his GP as it was stated in all documents that initial appointments were upcoming.

 

Not sure if that will be helpful to anyone, but I thought it'd help just to post an update.

[Sparkles1]

Thanks for posting the details of your friend. It has some similarities to my situation, and it may help me, so thanks again.

 

I have been told that the Social Security Administration Act states that no money can be deducted or passed onto another party. I am looking into this more, as I believe sanctions are not legal.

[Sparkles1]

I have just found out that the Local Government Act 1888 states that money cannot be taken away.

Another one is the Local Government Finance Act 1992 s13A also says the same.

Something else that must be relevant is the National Insurance Act which provides for living expenses, housing and health care.

 

I feel sure that at least some of these, as well as the Act mentioned in my last post MUST apply. I only wish there was someone with legal knowledge who might be able to clarify the position. Here's hoping.

[Sparkles1]

Following on from my last post, I have just discovered that the DWP must pay you during the appeal stage. I have requested this in my letters but have heard nothing.

 

For anyone whose money has been stopped, get appealling and request the assessment rate NOW because all this is changing in October with the introduction of Clause 99.

[MachoShirts]

Sorry I missed your replies there, Sparkles. I'm not a legal guru by any means, but I'll have a look into this since my friend's Hardship Allowance is repayable and he shouldn't be making repayments if the DWP weren't allowed to sanction him in the first place.

[Sparkles1]

Thank you. Any help would be appreciated. There are so many of us fighting this nightmare..

I don't think I mentioned the Suspension & Termination guides. They state that a decision must take into account whether it will caused hardship. These surely must apply.

 

I know for certain that the Social Security Administration Act applies, and I feel sure there must be a way of enforcing this Act. The DWP cannot simply keep ignoring all these laws.