Benefit sanctions policy beyond the Oakley Review
SanctionsThe two specific areas that Sanctions normally relate to are JSA ( Job Seekers Allowance ) and ESA (Employment Support Allowance) Though Universal Credit may also feature as time evolves Lower Level Sanctions
Higher Level Sanctions
Categories of JSA “sanction”
The Select Committee". We recommend that DWP make a clear distinction—in its processes, its communications with claimants, and in the official data—between claimants who are not meeting the underlying conditions of entitlement, in particular those who are genuinely “not actively seeking employment” and may therefore be abusing the system, and those who have not fully complied with the precise terms of a Claimant Commitment. At the moment, both receive the same penalty. We recommend that the Government confirm the steps it has taken to ensure that suspensions of JSA payments where the JCP Work Coach believes that the claimant has not been “actively seeking employment” do not occur before good reason can be considered, and a decision made, by a Decision Maker detached from the employment support process. DWP should set out the steps it has taken to address this issue, to provide assurance that the newly instituted procedure of making decisions in these circumstances within two days of referral is sufficiently robust to ensure that the decision has in fact been made, and the claimant notified, before the JSA payment is suspended. We also believe that notification should be by either written or telephone communication, depending on the claimant’s preferences as previously expressed to JCP staff when signing the Claimant Commitment, or subsequent to this. Review of the legislative framework for sanctioning Given the complexity of the existing legislation, there is a strong case for a review of the underpinning legislative framework for conditionality and sanctions, to ensure that the basis for sanctioning is clearly defined, and safeguards to protect vulnerable groups clearly set out. We recommend that the clarity and coherence of the legislative framework for benefit sanctions policy be included in the terms of reference of the full independent review which we have recommended.
Use of Jobseeker Directions
We note the concern expressed by some witnesses that use of Jobseeker Directions has increased in some JCP offices in recent years. While we appreciate that there may be circumstances in which it might be appropriate for JCP staff to mandate a JSA claimant to undertake a very specific type of work-related activity, such as particular skills training, it is not immediately clear why such activities could not invariably be included in Claimant commitments. Intuitively we would expect there to be minimal, if any, use made of Jobseeker Directions, as the Claimant Commitment becomes more firmly established. We recommend that DWP’s evaluation of the Claimant Commitment include an assessment of the appropriate use of Jobseeker Directions and their interaction with the Claimant Commitment process.
ESA sanctioning
Employment and Support Allowance (ESA) is a relatively new benefit; it was introduced in 2008 as a replacement for incapacity benefits (IB), for unemployed people with long-term health conditions and disabilities. ESA claimants considered to have “limited capability for work”, but with the capability to undertake “work-related activity” and considered to have a reasonable prospect of being able to work in the future, can be placed in the ESA Work-related Activity Group (ESA WRAG). These claimants are subject to a more limited range of conditionality than JSA claimants—attendance at mandatory work-focused interviews at JCP and/or mandatory participation in the Work Programme
