Category: Sanctions

MPs Call For Independent Review Into ‘Punitive’ Benefit Sanctions

A full independent review should be established to investigate whether benefit sanctions are being applied ‘appropriately, fairly and proportionately’, says the Work and Pensions Committee.

The Committee reiterates this recommendation, originally made in January 2014 but rejected by the Government, in the light of new evidence which raises concerns about the approach being adopted in a number of individual Jobcentres, and more broadly, including concerns about whether targets for sanctions exist.

The report calls for the independent review also to examine the legislative framework for benefit sanctions policy, to ensure that the basis for sanctioning is well-defined, and that safeguards to protect the vulnerable are clearly set out.

Dame Anne Begg MP, Chair of the Work and Pensions Committee, said:

“Benefit sanctions are controversial because they withhold subsistence-level benefits from people who may have little or no other income.

“We agree that benefit conditionality is necessary but it is essential that policy is based on clear evidence of what works in terms of encouraging people to take up the support which is available to help them get back into work. The policy must then be applied fairly and proportionately.

“The system must also be capable of identifying and protecting vulnerable people, including those with mental health problems and learning disabilities. And it should avoid causing severe financial hardship. The system as currently applied does not always achieve this.”

She added:

“Recent research suggests that benefit sanctions are contributing to food poverty.

“No claimant should have their benefit payment reduced to zero where they are at risk of severe financial hardship, to the extent of not being able to feed themselves or their families, or pay their rent.

“DWP’s (Department for Work and Pensions) discretionary hardship payment system is intended to prevent this happening, but it does not always do so.

“This is often because JSA hardship payments are not available until the 15th day of a sanction period. It is not reasonable to expect people to live without any source of income for 2 weeks. DWP should make all hardship payments available from day one of a sanction period.

“Problems also arise because the claimant is not aware of the application process for a hardship payment or because they are put off applying because of the difficulty in understanding and navigating the system.

“This needs to change. DWP should not wait for the claimant to apply for a hardship payment. It should initiate the process itself, and then coordinate the decision on hardship payments with decision-making on the sanction itself, particularly where the claimant has dependent children or is vulnerable.”

Investigating the deaths of vulnerable benefit claimants

The report notes that DWP currently investigates all deaths of benefit claimants “where suicide is associated with DWP activity”, and in other cases where the death of a vulnerable benefit claimant is brought to its attention, through a system of internal “peer reviews”. Since February 2012, DWP has carried out 49 peer reviews following the death of a benefit claimant.

DWP has stated that 33 of the 49 cases have resulted in recommendations for change at either local or national level.

However, it was unable to confirm in how many cases the claimant was subject to a benefit sanction, or provide any details about how its policies or procedures had been altered in response to the death of a claimant.

Dame Anne Begg said:

“We have asked DWP to confirm the number of internal peer reviews in which the claimant was subject to a benefit sanction at the time of death, and the result of these reviews in terms of changes to DWP policy.

“It is important that all agencies involved in the provision of public services are scrutinised, to ensure that lessons are learned after members of the public are let down by the system, particularly where the failures of a public body may have contributed to a death.

“We believe that a new independent body should be established to fulfil this role.”

Increasing the evidence base on financial sanctions

The Committee finds that more “active” regimes, in which unemployed claimants are required to do more to find work, have been shown to be relatively effective; however, evidence on the specific part by played by financial sanctions within successful active regimes is limited and far from clear-cut.

The report calls for a series of evaluations to increase the evidence base, particularly around the efficacy and impacts of the new sanctions regime introduced by the Welfare Reform Act 2012.

Dame Anne Begg said:

“The Government introduced longer minimum sanction periods without first testing their likely impacts on claimants.

“The minimum sanction period is now four weeks, rather than one week. It is important that the impacts of the new sanctions regime are properly evaluated.

“There is currently no evidence on whether the application, or deterrent threat, of a four-week sanction makes it more, or less, likely that a claimant will engage with employment support or gain work.

“This is an area of policy which must be based on robust evidence. The Department needs to demonstrate that the application of the new sanctions regime is not intended to be purely punitive.”

Full implementation of the Oakley review

The Oakley Review of Jobseekers Allowance (JSA) sanctions in relation to Back to Work Schemes, published in July 2014, made a number of recommendations aimed at improving some aspects of the sanctions system. This has already led to welcome changes, including improvements to DWP’s information to claimants about the sanctioning process, and the clarity of its claimant letters.

However, a number of the Oakley recommendations are yet to be fully implemented, in part due to the requirement for legislative change and/or contractual negotiations with Work Programme providers.

The Committee believes that DWP should take more urgent steps to fully implement the outstanding recommendations.

Dame Anne Begg commented:

“DWP must take a more common-sense approach to mandatory Work Programme activity and sanction referrals.

“For example, it makes no sense, and is a considerable waste of administrative resources, for Work Programme providers to have to refer a claimant back to DWP for a sanction decision, even where they know that the claimant had a perfectly good reason for not meeting a particular requirement.

“In the negotiations to re-let the Work Programme contracts in 2017, DWP should prioritise the development of a more flexible approach to the setting of mandatory conditions.

“There is also widespread support for pre-sanction written warnings and non-financial sanctions. The Department should get on with piloting this approach.

“If it requires legislation, the Department should bring it forward as soon as possible in the new Parliament.”

Source –  Welfare Weekly,  24 Mar 2015

http://www.welfareweekly.com/mps-call-for-independent-review-into-punitive-benefit-sanctions/

Unite Community Day Of Action Against Sanctions

Durham Community Support Centre

Great success and brilliant turnout across the region. Protests were held in Sunderland, Stockton, Middlesbrough, Redcar, Hartlepool, Newcastle and Darlington and our colleagues in Yorkshire held similar protests. This was all part of the national day of action against the cruel benefits sanctions regime.

Sanctions are a punishment that far outweigh the “crime”- if such trivialities as being two minutes late for an appointment counts as a crime. In Sunderland,Unite Community activists spoke to a young man who had been hospitalised for twelve days after being run over. He was sanctioned for missing his appointment!

In Teesside the local media picked up on the day of action:

Teesside Gazette

And finally- let the pictures do the talking! A selection of photos from across the region

Thanks to all who took part.  Together we can make a difference.

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Time to protest against sanctions

Durham Community Support Centre

Don’t think it will not happen to you, as with Universal credit millions of working people will have to jump through the same hoops that the unemployed and disabled have to now.

Think about it, if you commit a crime, no criminal court in the UK is allowed to make you go hungry as a punishment. But if you’re late for an appointment at the Jobcentre, they can remove all your income and leave you unable to feed yourself or your family for weeks at a time.

Benefit “sanctions”, are where jobcentres under government instructions cut people’s benefits off, for often trivial and unfair reasons, including being a couple of minutes late, &  are a major cause of food banks.

According to homeless charity, CRISIS

– Sanctions force people to cut back on food, resort to food banks and even shoplift for food.

– Sanctions leave people unable to afford…

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More About Sanctions

Durham Community Support Centre

Secret penal system which is more severe than the mainstream judicial system
http://www.crimeandjustice.org.uk/resources/benefit-sanctions-britains-secret-penal-system

Benefits claimants are subjected to an ‘amateurish, secret penal system which is more severe than the mainstream judicial system’, writes Dr David Webster of the University of Glasgow.

By: Dr David Webster    Monday, 26 January, 2015

Few people know that the number of financial penalties (‘sanctions’) imposed on benefit claimants by the Department of Work and Pensions now exceeds the number of fines imposed by the courts. In Great Britain in 2013, there were 1,046,398 sanctions on Jobseeker’s Allowance claimants, 32,128 on Employment and Support Allowance claimants, and approximately 44,000 on lone parent recipients of Income Support. By contrast, Magistrates’ and Sheriff courts imposed a total of only 849,000 fines.

Sanctioned benefit claimants are treated much worse than those fined in the courts. The scale of penalties is more severe (£286.80 – £11,185.20 compared to £200 –…

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Richmondshire tops national table for benefits sanctions

The Government has been accused of cruelty and running a ‘postcode lottery for benefits‘ after it emerged a rural district had by far the highest proportion nationally of Jobseekers Allowance claimants being sanctioned.

A report by homelessness charity Crisis said 15.4 per cent of jobseekers in Richmondshire, North Yorkshire, had been sanctioned, making claimants there three times more likely to have their benefits stopped than in its southern Yorkshire Dales neighbour Craven.

It found just 6.2 per cent of claimants in Richmondshire’s northern neighbour Durham had been sanctioned, while 10.9 per cent of claimants in Hambleton had had their benefits stopped, giving that area the tenth highest rate of sanctions in the country.

Crisis said evidence was mounting of “a punitive and deeply flawed regime”.

In 2012, the Department for Work and Pensions (DWP) introduced sanctions of between one week and three years if a claimant fails to comply with jobseeking requirements, such as attending interviews or undertaking work-related activity.

 The severity of the regime has attracted criticism, with some foodbank workers claiming it has created an upsurge in people needing emergency hand-outs, while the Government has moved to deny that Jobcentre staff are given sanction quotas.

Senior pastor Ben Dowding, of the Store House foodbank, in Richmond, said he was surprised the area had topped the national sanctions table and that staff at the town’s Jobcentre – the only Jobcentre in the district – had often demonstrated compassion rather than being strict on claimants.

> Although presumably not so compassionate that they don’t keep sending his foodbank customers.

He said:

“Statistics only tell one side of the story, but having worked with the Jobcentre staff, they have always proved to be very caring individuals.”

Councillor John Blackie, leader of Richmondshire District Council, said he believed the area’s high sanction rate reflected jobseekers’ problems reaching the Jobcentre or work, adding that it took claimants in Hawes five hours of travelling and waiting to sign on in Richmond and return home.

 He added: “Most civil service departments do not recognise rurality as an issue.”

A DWP spokesman said Jobcentre staff took claimants’ personal circumstances into account and said there could be a number of factors that had led to Richmondshire having the highest proportion of sanctions.

He said: “Sanctions are only used as a last resort for the tiny minority who refuse to take up the support which is on offer.”

> As ever, the only people not asked for their opinion appear to be the unemployed, especially those who have been sanctioned. However, the original story received this comment:

When claimants apply for jobs it goes on a jobsite how many . My daughter applied for 17 one day but only 2 registered she took a picture of the jobs she had applied.

The next signing on Richmond said you only applied for 2 jobs – she said no look at this picture proving I applied for 17. So the system was not working correct but guess what sanctioned.

The staff at Richmond must be on good bonuses.

Source –  Northern Echo,  11 Mar 2015

Benefit Sanctions ‘Postcode Lottery’ Exposes A ‘Deeply Flawed System’, Says Charity

A leading homeless charity has warned of a ‘postcode lottery’ in the benefits sanctions regime, exposing a ‘deeply flawed system’.

An independent report reveals how a flawed and punitive benefits sanctions regime is having devastating consequences for homelessness, food poverty and health.

The report – ‘Benefit Sanctions and Homelessness’ – carried out by the Centre for Regional Economic and Social Research at Sheffield Hallam University for the homeless charity Crisis, shows wide variations in how benefit sanctions are imposed across the UK.

Benefit Sanctions Hotspots. Source: Crisis.

Evidence was also uncovered into how large numbers of “unfair and inappropriate” sanctions are being dished out against benefit claimants.

Around half of all benefit sanctions which are later appealed are overturned in favor of the claimant. Jobcentres and Work Programme providers admitted to not always understanding how the rules should be applied, with Work Programme sanctions the most likely to be overturned (19%).

Homeless people are being ‘disproportionately affected by sanctions’, the report says. Many homeless people face obstacles and barriers that make it more difficult to meet requirements placed upon them in order to continue receiving benefits, including mental and physical health problems, a history of domestic violence and poor literacy and IT skills.

According to the report, sanctions can increase the risk of homelessness and leave vulnerable adults unable to feed themselves. Affected people are forced to borrow money from family and friends, leading to family problems and arguments.

Sanctions can also make it harder for unemployed people to find work; travel to interviews, purchase suitable clothes and can “de-motivate people from engaging with the system”.

Jon Sparkes, Chief Executive of Crisis, said:

“The Government has assured us that benefit sanctions are only for those who refuse to play by the rules. But evidence is mounting of a punitive and deeply flawed regime.

“Sanctions are cruel and can leave people at severe risk of homelessness – cold, hungry and utterly destitute. At the same time, people who are already homeless can struggle to meet the conditions of the regime. Many are trying to rebuild their lives, and losing the support of benefits can be disastrous.

“This isn’t helping people into work. It’s kicking them when they’re down.

“We want our next Government to commit to an urgent, wide-ranging review looking at the appropriateness and effectiveness of sanctions, especially for people at risk of or experiencing homelessness.”

Report author, Dr Kesia Reeve of Sheffield Hallam University said:

“This evidence review raises serious questions about the appropriateness, effectiveness, and consequences of benefit sanctions, particularly for homeless people.

“The evidence at present is limited, but points clearly to a system that is more punitive than it is supportive and that fails to take into account the barriers homeless people face.

“The scale and magnitude of sanctions is startling, as is the wide variation found across the country.

“Over the coming year we will be building a robust evidence base, so that informed debate can take place about the appropriateness and effectiveness of welfare conditionality and benefit sanctions in the context of homelessness.”

Source –  Welfare Weekly,  10 Mar 2015

http://www.welfareweekly.com/benefit-sanctions-postcode-lottery-exposes-a-deeply-flawed-system-says-charity/

There Is No Such Thing As A Fair Benefit Sanction And They Are Not A Tory Invention

the void

sanction-deaths A pregnant women who was sanctioned in disguise at a recent protest so Jobcentre staff don’t recognise her. From The Poor Side Of Life

Iain Duncan Smith’s mass use of benefit sanctions is driving people to their deaths.  But it began under Labour, and was not opposed by most trade unions or charities established to support people living in poverty.

In 2008 the Labour government published a green paper entitled ‘No one written off: reforming welfare to reward responsibility’ (PDF).  Gordon Brown himself wrote the forward to the document pledging “tough responsibilities that respect tax payers” for all of those on some form of out of work benefit.

Even for a Government which had already introduced workfare and the despised Work Capability Assessment, some of the measures proposed were shocking.  These included mandatory work related activity – a vague term that often means workfare – for both sick and…

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One In Five Hammered By Benefit Sanctions, Says Expert

Nearly one in five (18.4%) jobseekers were affected by punitive benefit sanctions in 2013-14, new analysis suggests.

Analysis of official Government figures by Dr David Webster, a researcher from the University of Glasgow, shows that 568,430 of the 3,097,630 individuals who claimed Jobseeker’s Allowance (JSA) during 2013/14 were sanctioned – with some seeing their benefits stopped more than once.

Furthermore, 22.3% of the total 8,232,560 individuals who claimed JSA between 2009/10 to 2013/14 (inclusive) have seen their benefits removed. Equivalent to 1,833,035 people.

The findings draw into question claims from DWP ministers, who insist only a “tiny number” of people are sanctioned and that they are only ever used as a “last resort”.

Statistically, the percentage of JSA claimants sanctioned each month stands at an average 6.5%.

However, according to the analysis, this headline statistic fails to account for the cumulative effect of benefit sanctions, which can last for a few weeks or as long as three years.

“If 5-6% of claimants are being sanctioned every month, the proportion will grow as time goes on”, says Dr Webster.

His analysis also reveals that 30.9% of individual JSA claimants sanctioned in the year to June 2014 were hammered more than once, and 12.5% three times or more.

It’s bad news for sick and disabled people too. Dr Webster writes: “Over the six years of the ESA sanctions regime from October 2008 to September 2014, 21.0% out of a total of 85,292 sanctioned claimants received more than one sanction, and 7.6% three or more”.

To add insult to injury, no pun intended, the proportion of ESA sanctions overturned at appeal has fallen from around 35% to just 20% – since the introduction of ‘mandatory reconsideration’ into the appeals process.

Dr Webster says there is a “disturbing possibility” that vulnerable sick and disabled people are “unable to cope” with the new appeals process.

Claimants who disagree with a decision on benefit entitlement are now required to ask the DWP to ‘reconsider’, before they can appeal to an independent social security tribunal.

The proportion of JSA sanctions challenged by claimants has also fallen from 33% to around 20-25%.

Dr Webster’s analysis also reinforces views stressed by other experts: the Government’s controversial Work Programmecontinues to deliver far more JSA sanctions than JSA job outcomes”, he says.

He added: “Up to 30 September 2014 there had been 575,399 JSA Work Programme sanctions and 345,640 JSA Work Programme job outcomes”.

You can download Dr Webster’s analysis here (pdf).

Source – Welfare Weekly, 04 Mar 2015

Tory minister calls benefits sanctions ‘inhuman’ – then changes his mind

Conservative business minister Nick Boles told charity volunteers that some benefits sanctions were ‘inhuman’ and that the system needed to be changed. However, when his comments were published in a local newspaper he quickly did a u-turn, claiming that he is a ‘strong supporter’ of sanctions.

The Grantham Journal reported the comments made by Boles during a visit to a breakfast being provided to homeless people at a church in the town.

Volunteers told Boles about a claimant who was sanctioned for missing an appointment whilst staying with his newborn baby, who was in intensive care.

Boles responded that:

The sanctions are a worry, and do need to be looked at.

“I do understand why there needs to be a disciplined system and there needs to be a process they go through, but I do think there are too many of these cases where it does seem inhumanly inflexible.”

Boles added that nothing could be done in the run up to the election but that:

The beginning of a parliamentary term, when people are looking at things afresh, is the best time to make a change.”

However, Boles backtracked very rapidly yesterday after his comments were reported in the national press.

He told the Guardian that:

“Benefit sanctions are an essential part of our reforms to end the something-for-nothing culture and they have helped record numbers of people back into work since 2010. I am a strong supporter of them in both principle and practice – those who can work should work.

“Of course, we need to make sure that the decision to impose sanctions is properly applied and employment advisers work hard to make sure special circumstances are taken into account.”

Source – Benefits & Work, 04 Mar 2015

http://www.benefitsandwork.co.uk/news/3036-tory-minister-calls-benefits-sanctions-inhuman-then-changes-his-mind

Are The DWP Following Their Own Safeguarding Rules When They Sanction Sick and Disabled Claimant’s Benefits?

the void

sanction-sabs1People with a mental health condition claiming out of work sickness benefits may have had their benefits wrongly sanctioned due to the DWP not carrying out correct ‘safeguarding’ procedures.

Over 100,000 sick and disabled people claiming Employment Support Allowance have had their benefits stopped or reduced for not carrying some form of ‘work related activity’.  A report released recently by the Methodist Church found that around 100 people a day with a mental health problems are currently having their benefits sanctioned in this way.  There is growing concern however that many of these sanctions could have been incorrectly applied due to the DWP failing to carry out home visits to assess the impact on the claimant of stopping their only source of income.

The Jobcentre guidelines are clear“If a claimant has a condition that could affect their ability to understand and comply with conditionality, a Core Visit to their home must…

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