What is an ESA sanction?
A sanction is when your employment and support allowance (ESA) is reduced because you didn’t abide by the rules about work-related activity or work-focused interviews.
There are different rules about sanctions, depending on whether or not you come under the Universal Credit system. If you receive income-related ESA or contribution-based ESA, you do not come under the Universal Credit system. If you receive the newer version of contributory ESA, known as New-Style ESA, then you come under the Universal Credit system.
Who can be sanctioned?
If you are not under the Universal Credit system, you can be sanctioned if you fail to do something you have been asked to do without good cause. You cannot be sanctioned if you are in the support group, as you are not required to take part in work-focused interview or work-related activity. Sanctions can be imposed for:
- Failing to attend or take part in a work-focused interview (this can include if your partner fails to attend or take part in a work-focused interview if they are part of your income-related ESA claim)
- Failing to take part in compulsory work-related activity
You should be given at least 5 days to show you have good cause before the DWP decide to impose a sanction.
If you fall within the Universal Credit system, you can also be sanctioned for not meeting your work-related requirements. Again, if you are in the support group, you cannot be sanctioned because you have no work-related requirements. If you are in the work-related activity group, you can be sanctioned for the same reasons outlined above.
What is "good cause"?
This means having an acceptable reason for not attending an interview or for not complying with the work-related activity. A decision maker should consider the following when deciding if you have good cause, before reducing your benefit:
- If you had transport problems
- If your health or disability prevented you attending
- If you have language, literacy or learning difficulties
- If you had a medical appointment, that would be unreasonable to rearrange
- Bereavement
This list is not exhaustive, and the decision maker may consider other reasons as good cause.
You can ask for this decision to be looked at again via a mandatory reconsideration and, ultimately, you can appeal the decision to impose a sanction.
How much will I lose from my benefits if I receive an ESA sanction?
For people outside the Universal Credit system, the benefit reduction is 100 per cent of the personal allowance that applies for a single person in the main phase of ESA. Your weekly benefit cannot be reduced by more than this amount and you must be left with at least 10 pence a week.
This means that you will still be paid any other amounts to which you are entitled. This may include a component, if you qualify for one. In addition, if you are entitled to income-related ESA you will still be entitled amounts for a partner, premiums and, for example, housing costs if relevant.
If you come under the Universal Credit system, you can only be given a low-level sanction. If you receive Universal Credit in addition to New Style ESA, the sanction would be applied to your Universal Credit, even if the reason you are sanctioned is because you failed to do something requested of you by ESA.
The most you can be sanctioned from New-Style ESA is £12.80 per day, if you are entitled to main phase ESA or are aged over 25 and in the assessment phase, or £10.20 per day if you are under 25 and in the assessment phase. Sanctions can be applied at a lower rate in some circumstances.
How long does an ESA sanction last?
The sanction will last until you attend and take part in the work-focused interview or comply with the work-related activity.
You are also given a further fixed-period sanction as follows:
- one week, if it is the first time you have been sanctioned; or
- two weeks, if you have been given a one-week sanction more than 14 days but less than 365 days ago or
- four weeks, if you have been given a two-week sanction more than 14 days but less than 365 days ago.
It will also end if you are moved into the support group or if you stop being entitled to ESA/UC.
