× Members

ESA Sanctioned

  • sydney
  • Topic Author
10 years 5 months ago - 10 years 5 months ago #113638 by sydney
ESA Sanctioned was created by sydney
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. :(
Last edit: 10 years 5 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
10 years 5 months ago #113653 by Gordon
Replied by Gordon on topic ESA Sanctioned

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

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

Please Log in or Create an account to join the conversation.

More
10 years 5 months ago #113662 by slugsta
Replied by slugsta on topic ESA Sanctioned
In addition to Gordon's excellent advice, it appears that your daughter's ESA is currently being reassessed, hence the new ESA50. She should not delay getting this completed and returned.

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

Please Log in or Create an account to join the conversation.

  • sydney
  • Topic Author
10 years 5 months ago - 10 years 5 months ago #114053 by sydney
Replied by sydney on topic ESA Sanctioned
Thank you for your reply. Apologies for taking so long to get back to you.

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.
Last edit: 10 years 5 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
10 years 5 months ago #114056 by Gordon
Replied by Gordon on topic ESA Sanctioned
Sydney

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

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.