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

Retrospective sanctions applied due to a new court decision?

Carol Laidlaw
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Oldham Citizens Advice Bureau

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Joined: 20 June 2013

We have had a client call in today, she has had a letter from the Jobcentre which says she is being sanctioned for something she did, or failed to do, back in January. The letter says that due to a new court decision, the DWP is now allowed to apply sanctions retrospectively.
Nobody has heard of this, and the letter doesn’t say what the court case is: no reference, no title. Has anybody else come across this?
(We are carrying out a survey about sanctions from next week, but like most places, we get few JSA claimants coming to us to complain about sanctions, so it’s difficult to get information about what’s going on, and just how bad, or even unlawful, local decision making is.)

annief
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Benefits adviser - Maggie's Centre, Edinburgh

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Carol, I have not seen any court decision about this but it certainly is happening. My son fell victim to it and wouldn’t appeal against the decision. Maybe that is what they are hoping for, it keeps the figures right.

Clarkie82
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Financial Inclusion Team, New Charter Housing Trust, Tameside

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I work in Ashton under Lyne, I have just had three of these letters land on my desk. Does anybody know which new decision has been made as there is no reference to the decision in the letters?

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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It would help to know what the sanctions were for.

Clarkie82
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Financial Inclusion Team, New Charter Housing Trust, Tameside

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well after ringing my local LMA DM, they have informed me they have 10,000 of these and the decision is based on a recent appeal from the DWP regarding ‘work programme’s’. the sanction will be imposed on current JSA claims and implemented straight away, the lady quoted Jobseekers back to work Act 2013.

I have attached a copy of the letters we have received, the LMA DM explained these letters have been issued due to Wilson and Reilly, but could not explain any further?

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nevip
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Welfare rights adviser - Sefton Council, Liverpool

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I had a feeling it was this.  Basically the court ruled that the sanctions imposed were unlawful.  The government then reversed the effects of the decision with the Jobseekers (Back to Work Schemes) Act 2013 but, and controversially, applied that legislation retrospectively.  This enabled the government to avoid repaying those it had unlawfully sanctioned and sanction now those it omitted to at the time of the alleged breach.

Carol Laidlaw
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Oldham Citizens Advice Bureau

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Thanks, people, that would explain it.
Next step: see if it’s possible to challenge a law being applied retrospectively, and find a client with the stamina to follow through with an appeal case. Tall order!