JSA (C) Sanction

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  • #38168
    6david3
    Participant

    We have a claimant who is enttiled to JSA(C)of £67.50 per week but he has been sanctioned for the period 19.5.11 to 7.9.11 because he left a job voluntarily and without good reason. The letter from the DWP to the claimant tells him to report this to the LA if he receives HB and CTB.

    This suggests that the DWP thinks that we should amend his income and remove the JSA(C)from the calculation of HB and CTB.

    I can find no guidance on this and nothing in the Regs.

    It seems to me that the policy intention cannot have been such that we should remove the JSA(C) and increase HB and CTB entitlement. If a sanction is meant to be a punishmen/warning/incentive,a resulting increase in the HB and CTB would constitute partial recompense of the loss of the JSA through the HB/CTB system. Surely it undermines the sanctions regime.

    Any ideas?

    #63310
    jamesd
    Participant

    Just to update you on this. I work with 6david3 and we wrote to the DWP for their opinion on this and the response we got back is as follows:-

    ‘This is really a standard HB/CTB case and in HB/CTB any income is taken into account. Therefore where a customer is not in receipt of JSA(C) they should not be treated as if they are. Although work-related sanctions apply to JSA they do not, however, apply to HB/CTB.

    As you are aware, local authorities are required to determine questions of fact and law in individual cases as part of their overall responsibility for the day‑to‑day administration of the HB and CTB schemes, taking account of relevant caselaw and consulting their own advisors where appropriate. This Department can only give general advice and guidance on the interpretation of the law. You should bear in mind that my comments are based on the information you have provided in your e-mail and may not apply in different circumstances. However, I hope you find them helpful.’

    We have therefore removed the JSA(c) from the calculation.

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