- Posts: 51158
ESA Sanctioned
- sydney
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- Gordon
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sydney wrote: My daughter's ESA Benefit has been sanctioned, no money since beginning of September due to her missing a few appointments as a result of her finding out she is pregnant. All this stress and worry has put a strain on her health and the baby's, she can barely leave the house. Does anyone know how her benefit can be reinstated and whether she will continue to receive ESA during her pregnancy. No-one at the JC have been of help. In addition she has now received a new ESA50 questionnaire to complete. Very confused.
She can appeal the Decision to sanction her benefits but will only receive payment if she wins, otherwise her payments will not be re-instated until she meets the requirement that caused the sanction in the first place, if this is a first "offence" then the sanction should be lifted after a further weeks penalty, if it is a second offence then it is two weeks, up to a maximum of four weeks.
How long do I have to appeal?
How to submit an appeal
Disability Rights UK Factsheet - Appeals and reconsiderations
Gordon
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- slugsta
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- Posts: 9439
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- sydney
- Topic Author
My daughter has now sent off Form ESA50 informing them of her pregnancy and updating them on her condition, hopefully it isn't too long before she hears from them.
She has been attending the WFI since being sanctioned which was back in September, however when she has enquired with them how long the sanction will be in place they have said it is nothing to do with them it is up to the Decision Maker. It is our understanding that the sanction continues in place until the cause of the sanction is removed, e.g. if you fail to attend a WFI then the sanction remains in place until you do attend a WFI, the extra weeks are then added on. As she has been attending as asked, surely the sanction should now be removed as it seems such a long time to remain in place. Any advice and who does she contact to find out what is happening with the sanction.
Many thanks.
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- Gordon
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- Posts: 51158
Is your daughter on the Work Programme?
If she is then her advisor is supposed to have completed a form to notify the DWP that the requirement has been met, this should have then been sent to the DWP to have the sanction lifted.
If this has not happened then I would consider making a complaint about the advisor.
If it is JC+ then the process is the same , but they definitely know that the form is required, so I would have no hesitation in making a complaint.
Gordon
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