What is an ESA sanction?
Who can be sanctioned?
Claimants in the work-related activity group (WRAG) can be sanctioned if they do not adhere to certain conditions without good cause.
Sanctions can be imposed for:
- Failing to attend or take part in a work-focused interview.
- Failing to take part in compulsory work-related activity.
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
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.
How much will I lose from my benefits if I receive an ESA sanction?
The beneﬁt reduction is 100 per cent of the personal allowance that applies for a single person who qualiﬁes for ESA, where their award includes a work-related activity component or 40% of the appropriate personal allowance if you or a member of your family are not subject to any work-related requirements. The penalty is 20% if you or a member of your family are pregnant or seriously ill.
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.
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 sanctioned in the last year or
- four weeks, if you have been sanctioned more than once in the last year.
It will also end if you are moved into the support group or if you stop being entitled to ESA.