I've been sanctioned, what do I do? — Scope | Disability forum
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I've been sanctioned, what do I do?

kami24
kami24 Member Posts: 402 Pioneering
I have bpd and autism and on jsa but they say I should be on a different benefit to jsa as I cannot look for work the jobcentre said I should be on esa and have also sanctioned me just because I was truthful with the work coach and said I'm probably not able to work and they obviously twisted it and said I hadn't been looking for work even though I have been actively seeking employment as they say in order to receive my stupid jsa. Really hate the benefits system and got worse with UC if that's humanely possible!!! Can you tell me what to send it so they can undo the sanction or should I take everything to the nasty jobcentre to scan to dwp head office or whoever deals with it all??? Appeal it?? Need advice as I have never ever been sanctioned before. Also if they are say claim esa that is not possible as UC has replaced it as I live in a full UC area so would I have to be forced onto UC and lose my severe disability premium or would I get protection or top up amount and be placed in the limited capability group in UC and get the same amount or lose it!?????????? Such confusion. What a nightmare for disabled people who cannot work and are on jsa or forced onto UC or even into full toe work which then makes their illnesses worse! 
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Comments

  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,798 Disability Gamechanger
    Hi @kami24, really sorry to hear that you've been sanctioned and you're contending with this on top of everything else. I'm afraid I'm unsure of the answer to this myself, but hopefully some of our members will be able to advise soon.
  • kami24
    kami24 Member Posts: 402 Pioneering
    I think I need to provide a medical note then they will pay me but who knows 
  • April2018mom
    April2018mom Posts: 2,868 Connected
    Contact your local CAB office for advice on your options. Is it possible to get a mandatory reconsideration as well. Do you live in a full UC area or not? 
  • Matthewsheehy24
    Matthewsheehy24 Member Posts: 72 Courageous
    Put a medical paper into your Jobcentre.That will cover you if your not well enough to go to Jobcentre that’s what I did in the past.
  • Phantomscript
    Phantomscript Member Posts: 10 Listener
    Go to your G.P and explain your need for a medical note. take that to the Job centre, Then make sure you have / get every thing said to you in writing for your own records. You will find that they cannot put all they say in writing.
    Ask your attending staff what you should claim and secure all paper work required. If you have UC then you will have a journal make use of it. You will need all the letters and details from your G.P and NHS to fight and win.
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    1 - you need to ask for mandatory reconsideration of the sanction decision. You need to put it in writing and keep a copy. It will need to include evidence that you have complied with your claimant commitment. 

    2 - You need to get advice about challenging the level of your claimant commitment. There is often a massive discrepancy between what the law allows and what is imposed and you can challenge this. 

    3 - You can have up to 13 weeks sick whilst on JSA so you will need a fit note to that effect from your GP.

    4 - inform Housing Benefit of your sanction if you get HB. 

    5 - contact your local authorities discretionary support scheme for help if you’re faced with any energencies such as lack of food, electricity etc. Contact your water provider and see what help they can offer in terms of getting you on a priority services register and reducing your tariff to a manageable level.

    The leaflet below is a good reminder of what to do. Don’t use the numbers on it unless you live in that area but the same principles apply everywhere. The only exception may be that regrettably some local authorities may not have a support scheme so in an emegency you may need to see a duty social worker to get a referral to a good bank; money for fuel etc.

    https://www.salford.gov.uk/media/373682/sanctionappealleaflet.pdf
  • kami24
    kami24 Member Posts: 402 Pioneering
    Rang jobcentre plus today and they said it's suspended only at the moment so hopefully they will scan up my sick note (which I took in yesterday) and pay me and not sanction me but can't believe they did it over Christmas as nd I feel it was my nasty little work coaches fault just because I told him I didn't like him! I'm requesting someone else as a work coach because he is patronising even though he doesn't seem 100 percent mentally healthy himself to me and he knows my situation yet almost force's me to apply for what he suggests 
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    See point 2 of my previous post. Changing work coach is a good idea as they tend to panic if they think there’s a possibility of you working your way through more than 1.

    Personal opinion - the personalisation of all sorts of services does not lead to a more tailored, personal experience. Instead it leads to a subjective, sometimes unpleasant, power driven relationship. Personalisation is the last thing the benefits system needs.
  • kami24
    kami24 Member Posts: 402 Pioneering
    Okay they have just suspended my claim but that means I haven't had a payment for 3 weeks now so if I ever get my jsa back it will be at least 4 weeks. I have given them medical note for the period they said I hadn't looked for work but they still won't decide and get on with it how ridiculous 
  • kami24
    kami24 Member Posts: 402 Pioneering
    The actual jobcentre is the problem when I rang up they are much better on the phone lines 
  • kami24
    kami24 Member Posts: 402 Pioneering
    Feel so angry now want to just forget the whole bloody jsa system and go to work but that's a joke because I'm unstable so can't work and have ptsd and slight autism 
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    edited December 2018
    The earlier advice to get a fit note was poor advice as that requires them to make a separate decision. If they have suspended rather than sanctioned then you want them to make a decision quickly on what you say is the key issue i.e. that you met your claimant commitment or didn’t. Adding something else for them to consider adds another layer of complication. They now have to weigh up which takes precedence and it’s by no means clear. If you met your claimant commitment then by definition you’re capable of seeking work and that should be your only argument to get JSA reinstated. Throwing a fit note in has added a delay you font need.

    That said, I’m not sure I buy the suspension assertion. They either sanction or don’t. They rarely faff about suspending first whilst they investigate. At this stage you need to re-read my December 24 post and you need to do a letter before action to force them to make a decision. Plenty of information online about how to go about that. 
  • kami24
    kami24 Member Posts: 402 Pioneering
    I will give them more stuff Wednesday morning to show indeed applications or whatever ever they bloody need! A blood sample and saliva they will want from claimants soon!! 
  • kami24
    kami24 Member Posts: 402 Pioneering
    Also from January 16th is everyone 'migrating' onto UC? Do we keep sdp or get anything extra if working tax credits are being scrapped? What an awful system 
  • poppy123456
    poppy123456 Member Posts: 28,450 Disability Gamechanger
    No, everyone isn't migrating to UC on 16th January. Migration won't start until later in 2019 much much later than that for a lot of people.
  • kami24
    kami24 Member Posts: 402 Pioneering
    They still haven't made a decision on my suspension which means I haven't been paid 4 weeks now and I can't apply for a hardship money because not classified as sanction yet so really really angry at them now
  • kami24
    kami24 Member Posts: 402 Pioneering
    It's my actual jobcentre who have messed it all up just because I hate my stupid work coach and told him I wanted to see a woman!!! 
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Perhaps act upon the advice in previous posts?
  • kami24
    kami24 Member Posts: 402 Pioneering
    Your advice isn't great 
  • poppy123456
    poppy123456 Member Posts: 28,450 Disability Gamechanger
    kami24 said:
    Your advice isn't great 
    I'm not sure why you think that. Mike has taken the time and given you great advice in a long comment above.

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