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After Sanctions:Zero Income & Income Tax Position?

  • James
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10 years 6 months ago - 10 years 6 months ago #111680 by James
OK am currently close to informing The Local Job Centre the news that I will not be attending any of the 6 plus other WRAG related Work Programme Activities in the coming year.
Have received the first letter from my self appointed "personal advisor"this month.
As a result its expected the personal component of my CB ESA will be chopped until a year is up then it will expire and as I do not intend to apply for either the new draconian ("Sign on every day")JSA nor IR ESA thus be classified as "Zero Income".An interesting and challenging situation but one with which I feel I can cope.
But at least I hope to have the comfort of not being yanked around on the phone like a puppet of The State and its Policies.
My questions are would it be possible to re shedule the first interview more than once and for how long to "play for time"before being sanctioned?Do sanctions apply from the date of the non attended interview or from the beginning of the award of ESA CB?
Also what happens for income tax purposes to people booted off all ESA or JSA?
(I know what happens re the NI situation-they dont get paid anymore)
Last edit: 10 years 6 months ago by Gordon.

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10 years 6 months ago - 10 years 6 months ago #111685 by Gordon
James

To answer your questions.

- It is down to your personal advisor as to whether they will re-arrange the appointments, have you thought about asking for them to be held over the phone?

- A sanction will apply from when the failure to participate occurs.

- The rules for Income Tax are not affected by anything your are considering.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 6 months ago by Gordon.
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  • James
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10 years 6 months ago - 10 years 6 months ago #111703 by James
Well regarding over the phone-I guess its worth a try if I cant make it in.
Hadnt thought about that.
In another section Mrs Hurtyback states that at the end of 365 days ESA CB recipients "will be means tested for IR ESA".
This being because their non means tested ESA CB has run out.
Am I correct that this 'means testing' consists of sending the Claimant a DWP standard ESA IR
application form on which there are various questions about the applicants means?
There is not some sort of additional measures applied.
Persons who do not qualify for some reason will not then be awarded any IR ESA and may well be disqualified from claiming JSA similiarly.
Even though they qualify ,by 365 days of Work Programme,WFIs,further unpredictable medicals and 3 month newly announced rotational "intensive work placement measures"its highly unlikley that the Claimant will surviive long enough to claim IR ESA for very long which is why many long term Claimants are considering "jacking It In"when CB ESA finally runs out and will not apply for ESA IR means tested or not.
So lastly can a Claimant under sanctions be called up for further medicals in the 365 days
still and do you consider that such action might be taken punitivley on Sanctioned claimants with the aim of either finding them fit for work or failing them at medical which would mean they were booted out of WRAG all together say after 6 months.
What woudl then happen to their remaining 6 months of CB ESA contributory benefit?
Last edit: 10 years 6 months ago by Gordon.

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10 years 6 months ago #111704 by slugsta
Hi James,

I will do my best to 'pick apart' your points and answer your questions -

'Means testing' will involve sending the claimant an 'ESA3' form to elicit details of their income, savings and assets - and those, plus working hours, of any partner who lives with them.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

People who do not qualify for Income Related ESA after 365 days in WRAG will no longer receive payment although NI credits will still be given towards their state retirement pension. It is likely that the claimant would be unable to claim JSA unless they were in paid employment in the 2 full tax years prior to the ending of the ESA.

As I understand it, a claimant under sanction can still be called up for reassessment. This is not necessarily a bad thing as payment would recommence if placed in the Support Group at any stage in the future.

If any claimant is reassessed, before they have used 365 days of Contributary ESA, and found fit for work I think they would lose the extra days.

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10 years 6 months ago #111705 by Gordon
James

The test for ESA(IR) is based on your household income, assets and savings, and any hours that a partner works, you will be sent an ESA3 form that captures this information and may need to provide statements in regard your financial affairs.

A Decision on eligibility is then made from this.

You can be re-assessed during the year, whether you are sanctioned is not relevant to whether this happens or not, and would not be considered as part of the assessment process.

If such an assessment found you Fit for Work, then what happens to your remaining ESA(CB) would depend on what actions you took. If you appealed then you would be entitled, in principle, to a further "six months" of ESA(CB) at the Assessment rate. If you do not appeal, then the likelihood is that the "six months would be lost, any future claim, if you can make one, that is separated by more than six weeks will be treated as a new claim, whether this would be ESA(CB) or ESA(IR) will depend on your NI Contribution history.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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