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UC sanction while jobseeking - now ill & homeless
I’ve got a client on UC who was sanctioned for 90 days (we’re challenging the sanction decision) and whose health has now deteriorated to the point where he is no longer well enough to meet the work search requirements.
The local JCP has history of telling claimants with “fit notes” saying they are unable to work to go and claim ESA instead of UC, which doesn’t seem to tally with the “lobster pot” principle. If he remains on UC, am I right in assuming that the sanction will still apply to his UC?
There seems to be a huge amount of discretion when it comes to the work search requirement, illness and homelessness under UC. Has anyone had experience of getting the requirement relaxed for more than the 14 day period/twice in 12 months referred to in the handbook, or when a claimant has become homeless?
I never thought I’d hear myself say it, but I find myself longing for the clarity of JSA ...
How about seeking protection under UC Reg 99 - Circumstances in which requirements must not be imposed. 99(4) seems to cover the situation vis a vis illness. 99(5) too may help - emergency or ‘other temporary circumstances’ (homelessness?)
I can’t see anything to stop the sanction running after the change of circs, and yes a claim for CESA could be made where appropriate, but surely it would still be ‘new’ ESA and subject to UC rules.
Happy to be corrected if anyone has other thoughts?
Thanks.
Looking at that, it seems that 99 (5) is the client’s best hope.
Thanks.