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Carrying over sanctions from Live Service to Full Service
Hi
Sorry if its been asked before. I have a tenant who made a claim for UC when we were a Live Service area (pre Oct 17). He was sanctioned almost immediately for not engaging/not adhering to the claimant commitment. Now we are a FS area his Work Coach has said that if he changes his UC to a FS claim the sanctions will end and he can start afresh.
Still being new to the FS routine and not coming across this before, I was hoping someone might be able to clarify this for me!
Many thanks in advance.
That’s interesting - the UC (TP) Regs 2014 provide for sanctions carrying over from ESA and JSA but of course they don’t cover changing from live service to full service. I’ve skimmed the Advice for Decision Makers but I don’t think there’s any guidance to cover live service to full service.
If being full service isn’t going to make it more difficult for him ie he can manage his claim online OK, then you could give it a go and see what happens - be interesting to find out if it does - I’m a bit sceptical to be honest - don’t suppose he has the advice in writing?
I saw those regs too but couldn’t see anything else. We’ll probably try and assist and take a chance as he doesn’t have anything to lose.
No - It wasn’t in writing!!!!!
Keep us informed what happens…
Of course
interesting; you’d think they’d say “it’s UC, not two separate UC’s” ... but if it works for him all good!
We have a client who will be better off on UC rather than ESAir as her high-earning non-deps are both under 21, therefore she will not have any housing cost contributions under UC whereas she has reduced HB entitlement under legacy benefits.
She is sanctioned on ESA and although the sanction will carry over to UC as per the Regs quoted in Daphne’s reply, does anyone think that the decision to sanction will have to go to a UC decision maker rather than happen automatically? Just wondered whether we could have another attempt to challenge the sanction at point of UC migration as there seems to be more guidance for claimants with complex needs (CPAG p.1079)
(We are appealing the sanctions on ESA; at MR stage)