Sanction - no income now - please help

[Sparkles1]

My benefit has been stopped due to the DWP not receiving a form back on time (they say).

 

I have told them I sent it off and it should have arrived on time (have proof of posting).

 

It was a BF.... (something!) for not attending an Atos test.

 

Is it possible to claim hardship payments, if so, how do I do this?

 

Is it possible to get the money reinstated.

 

I have sent in an appeal well within the time limit and received a reconsideration telling me they have not changed their decision

and it will be sent to an indepent tribunal.

 

Any suggestions please.

[**Margaret**]

:Sparkles1:

 

It's a BF223. In my experience Jobcentreplus usually accept proof of posting as evidence that the claimant tried to return whatever. So assuming you sent a copy of the certificate/receipt with the GL24 form, or letter of appeal, it's likely that Jobcentreplus have decided you don't have good cause for non attendance.

 

Employment n support allowance isn't payable pending an appeal hearing for 'failure to attend'. You can submit a new claim for employment n support but unless it's for a different or worsening condition, Jobcentreplus will withhold payment until there's a decision that you've limited capability for work or can be treated as having limited capability for work (cancer treatment, in hospital, etcetera). Once you've completed an ESA50; call Atos every other day or so for the next available appointment cos someone else has cancelled.

 

There's no problem with an appeal for employment n support and a new claim running concurrently. So far as I know hardship payments are only available to employment n support claimants who've not complied with work related activity, and jobseekers claimants.

 

Probably not what you wanted to hear, Margaret.

[Sparkles1]

I should be in the support group and will fight for that.

 

I cannot believe I am expected to live on nothing.

 

I live on my own and soon will have no money to get to the foodbank.

This is crazy.

 

If I put in a new claim that will take at least 2 months.

 

They clearly want to kill me off and will achieve that, either by starvation, or stress.

[Sparkles1]

Does anyone know the current situation regarding getting some form of benefits when you have been sanctioned.

I have not been on JSA.

 

I have no income and am panicking and cannot sleep at night.

 

Please help as I know I am by no means the only one suffering in this way.

 

Thanks.

[antone]

Does anyone know the current situation regarding getting some form of benefits when you have been sanctioned. I have not been on JSA. I have no income and am panicking and cannot sleep at night. Please help as I know I am by no means the only one suffering in this way. Thanks.

 

Do you mean you were on JSA but have been sanctioned and as a result have no income? If so, you should apply for hardship via your local Jobcentre. In most cases you would not be entitled to hardship for the first two weeks of your sanction period, although these rules don't apply if you are in a "vulnerable group" - disabled, pregnant, young children at home.

 

Hardship is, if I recall correctly, 60% of your normal amount.

[**Margaret**]

:antone:

 

Please can you look at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?400065-Sanction-no-income-now-please-help

 

Courtesy of the Con/Dems; I think it's whatever help :Sparkles1: can source from the local authority and consider whether s/he can cope with jobseekers until the appeal's listed. Are you aware of any other provision?

 

Thanx, Margaret.

Edited August 19, 2013 by **Margaret**

[antone]

Thanks Margaret, I've merged these two threads to keep all the suggestions in one place.

 

My own advice assumed JSA, which I can see is not the case. If I think of anything I will post it up, but at the moment I don't have anything to add to what you said - based on what's been said so far, I think you've called it correctly.

[Sparkles1]

Thanks for your replies. Do you know if the Suspension and Termination Guides are adhered to? They state that the DWP must consider whether placing a sanction on someone would cause hardship. I have explained in my extensive correspondence that I am unwell and live on my own.

 

There surely must be something that can be done, otherwise people in my position will literally starve.... or maybe that is their plan.

[**Margaret**]

:Sparkles1:

 

So far as I know, the usual suspension and termination guidance doesn't apply following an alleged 'failure to attend' a work capability assessment without good cause. Jobcentreplus can treat you as not having limited capability for work, so there's no entitlement to employment n support hardship payments.

 

I'm really sorry that you've found yourself in this situation. No promises, but if you feel able to share the circumstances of the 'failure to attend', I'll see whether there's any grounds for asking Jobcentreplus to re-reconsider their decision ahead of the tribunal hearing.

 

Sincerely, Margaret.

Edited August 22, 2013 by **Margaret**

[Sparkles1]

Thanks Margaret. I will look further into the suspension and termination guides and see whether they can be used. It seems to make sense that they would apply.

 

I have also been told that the Social Security Administration Act prohibits sanctions taking place, and prohibits money being transferred to another party. I am really sure they are acting illegally by applying sanctions, particularly in a case like mine where I am suffering immense hardship.

 

I think I can fight them on the BF233 form (is that the right name? sorry!) as they provided insufficient time for me to get it back to them. Also their letter informing me my money had stopped was dated the SAME date as I was required to return it.

[Sparkles1]

I have just posted a few additions to my other post in MachoShirt's thread.

s13A of the Local Government Finance Act 1992, the Local Government Act 1888 and the NI Act (which provides for living expenses, housing and healthcare) must be relevant here as they (at least the first two Acts) say that money cannot be deducted.

 

If there is anyone on the site with legal knowledge, could they please clarify the position, thanks in advance.

[**Margaret**]

:Sparkles1:

 

Assuming you're in Britain, the BF223 was probably sent out by Atos for return to Jobcentreplus, and increasingly they're being sent out via second class post. Disallowance for alleged failure to return a BF223 by the due date is automatic unless it's subsequently revised by a decision maker following a late return, or acceptable explanation. However, if you've submitted proof of posting it's more likely that your response doesn't constitute good cause (as determined by Jobcentreplus) rather than that it was late.

 

Sorry I can't help you further with the legislation, Margaret.

Edited August 27, 2013 by **Margaret**

[Sparkles1]

It cannot be that all money is stopped and I am left to starve. I believe I can prove I am right about the form and get the benefits reinstated. However, in the meantime I have nothing to live on and I live by myself, and I have no savings. I believe I have a strong case against the DWP as I am in a very vulnerable situation.

 

They have not offered any help or suggestions as to finding finance. I am contacting my MP because I am not going to be yet another of their statistics. They are breaking so many laws and there must be someone who will stop this.

[Grotesque]

They break the rules on behalf of the DWP.

[Sparkles1]

I have had it confirmed that anyone appealing a decision IS entitled to payment. It has taken me a long, long time to track down this information. My question is, how do I force the DWP to pay this money? I have already stated that I want to be paid at the assessment rate but have heard nothing.

 

Does this count as maladministration and malpractice?

 

I have also discovered that in October this all changes, with the implementation of Clause 99. So everyone who has been sanctioned, get writing and demanding they pay you the assessment rate.

[Sparkles1]

I have had a sanction imposed on me. I live alone and have no money. Is my only option to starve to death? I will soon not have enough money to get to a food bank.

[Sparkles1]

I have no money. I will soon starve to death. Does anyone care?

[Sparkles1]

I have a sanction imposed on me by DWP. I have only a few pounds left and live alone, and am unwell. I will soon not even have enough money to get to the food bank. PLEASE HELP.

[Nystagmite]

For what benefit please?

[honeybee13]

Hello there.

 

I think you'll get more replies on the main benefits forum than this one, which is only for problems with Atos. I'll move your thread there and leave you a short term redirect from this forum.

 

As Nystagmite says, we need to know more of story in order to help.

 

My best, HB

[honeybee13]

Hello Sparkles.

 

This isn't a very busy forum, I'm sorry you haven't had any replies yet. I've moved your other thread from the Atos forum to the main benefits one, here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?403916-DWP-sanction&p=4349843#post4349843

 

My best, HB

[Sparkles1]

Thanks Honeybee, I appreciate your help. I didn't realise it was a quite section. No doubt it will very soon become very busy, with all the penalties being imposed upon people.

[Sparkles1]

Thanks to both of you. I did post up a thread a while ago and Margaret (Starryeyes) kindly responded to it but not with much hope. It was to do with non-attendance of WCA (long and convoluted story).

 

The current situation is that I have a few pounds left and soon wont be able to get to the food bank. I live alone and am unwell.

[estellyn]

You should contact your local council for crisis help, they have taken over from the DWP in this respect. Not sure what help will be on offer, because it will vary from council to council.

[45002]

I have a sanction imposed on me by DWP. I have only a few pounds left and live alone, and am unwell. I will soon not even have enough money to get to the food bank. PLEASE HELP.

 

You posted before in August this year about this problem http://www.consumeractiongroup.co.uk/forum/showthread.php?400065-Sanction-no-income-now-please-help