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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

sanction after disallowance

Karina K
forum member

Northwards Housing

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Total Posts: 21

Joined: 8 October 2014

Sorry if this is basic - haven’t done too much on sanctions.

I have a young lad who was originally sanctioned for 13 weeks from 07/02/15 to 07/05/15.  This decision was overturned on MR and is done.

However, the JCP then decided that his claim should be disallowed from 07/02/15 to 27/02/15 because they did not think he was looking for work in that period.  At the same time they decided that from 28/02/15 to 06/03/15 he should be sanctioned, with JSA payment reinstated from 07/03/15.

Is this within the rules? On what basis can a DM decide to sanction for the two week period after a period od disallowance?

Again - I’m sure I could probably find this out without resorting to Rightsnet but any tips would be helpful.

ta

Paul_Treloar_CPAG
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Advice and Rights Team, Child Poverty Action Group

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Total Posts: 550

Joined: 30 June 2014

In relation to your last question, I think my response to this thread probably broadly covers the issue around JSA claims being disallowed and also sanctioned (although in slightly difference circumstances).

However, in terms of the basis for the initial decision which you successfully overturned and the subsequent decision, it would be important to know under what legal provisions which DWP state apply in order to allow them to impose such a sanction.

You can find more on sanctions at our new Ask CPAG Online service, and we’re also offering email advice around sanctions generally if you can get hold of that further information?

At the very least, I would suggest a further MR request at this stage, to provide the opportunity to argue the toss with them.