New Jobseeker's Allowance Sanctions

From 22nd October 2012 the law was changed regarding claiming for Jobseeker's Allowance. If people on JSA fail to meet the conditions related to receiving JSA, the way their benefit is affected will change.

To qualify for JSA, they must:

• be available for employment
• be actively seeking employment
• have a current jobseeker's agreement
• comply with any reasonable conditions that their advisor asks them to.

If they do not meet the conditions they are asked to, without a good reason, their benefit could be affected.

They could lose their benefit for 13 weeks, 26 weeks or 156 weeks (three years), if they:

• leave a job voluntarily or lose a job due to misconduct on their part
• fail to take part in a mandatory work activity programme
• fail to take on a suitable employment opportunity
• refuse or fail to apply for a job which their advisor has notified to them.

The length of time will depend on whether it is the first, second or third time they have failed to meet any of these responsibilities in the last 52 weeks (one year) of the previous time

They may lose their benefit for four weeks or 13 weeks if they:

• fail to attend an adviser interview
• if applicable, fail to take part in a particular employment programme (such as the work programme)
• do not take the opportunity of a place on an employment programme or scheme notified to them by their adviser
• refuse or fail to apply for or accept a place on such a programme or scheme notified to them by their adviser
• fail to attend or give up a place or through their own misconduct lose a place on such a programme or scheme
• fail to comply with a Jobseeker's Direction.

The length of time will depend on how many times they have failed to meet any of these responsibilities in the last 52 weeks.

Their benefit will stop and they will no longer qualify for JSA if they:

• do not actively seek work
• are not available for work

If they reclaim following such a failure, their new award may not be paid for up to four weeks.

If their benefit was stopped on more than one occasion in the last 52 weeks, any new award may not be paid for up to 13 weeks.

They can ask for an explanation of the decision to stop their payments, ask for it to be reconsidered, and/or appeal against the decision.

Even if they lose their benefit because they have not met their responsibilities (as above) they must still continue to be available for employment, take steps to actively seek employment, and come to the Jobcentre for their fortnightly appointment to verify this. If they do not, they may lose their entitlement (and their claim will be closed).

If they lose their benefit (and they have no other source of support) they may be able to claim hardship payments. They will have to show that they are suffering financial hardship. The hardship officer or their adviser at their Jobcentre can expain how to apply for a hardship payment.

They do not need to take any action as their benefit willl only be affected if they do not meet their responsibilities.

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