SANCTIONS FOR FAILURE TO ATTEND JOBSEEKER’S ALLOWANCE

7/29/2019 SANCTIONS FOR FAILURE TO ATTEND JOBSEEKERS ALLOWANCE

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DMG Memo Vol 1/96, 4/111 & 6/73

SANCTIONS FOR FAILURE TO ATTEND JOBSEEKERS ALLOWANCE

Contents Paragraphs

Introduction 1

Background 2 - 3

Definitions 4

Entitlement ends 5

Entitlement continues but benefit is not payable 6

Period for which jobseekers allowance isnot payable 7 - 8

One member of a joint-claim couple is sanctioned 9

Entitlement does not end 10

Consequential amendments

Days that count as days of entitlement tocontribution-based Jobseekers Allowance 11

Days to be deducted from the sanction period 12

Short periods of sickness 13

Young persons 14 - 16

Part week payments in sanction cases 17

Hardship

Jobseekers Allowance not paidbecause of a sanction 18

Vulnerable groups 19

Revision and supersession 20 - 22

Appeals 23


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Annotations

Contacts

INTRODUCTION

1. This memo is being issued to give guidance on changes to be made topenalties imposed when a Jobseekers Allowance claimant fails toattend or fails to provide a signed declaration as directed1. These arebeing brought in by The Jobseekers Allowance (Sanctions for Failure toAttend) Regulations (Northern Ireland) 2012 (S.R. 2012/44) andcomeinto effect on 6.3.12.

1 (NI) Order , art 10; JSA Regs (NI), regs 23 & 23A; reg 24(6)

BACKGROUND

2. From 6.3.12 there will be 4 possible outcomes for claimants who fail toattend. Jobseekers Allowance entitlement

1. ends or

2. is retained but is not payable for a period or

3. does not end and Jobseekers Allowance continues to be payable

at a reduced rate (joint-claim couples only) or

4. does not end and Jobseekers Allowance continues to be payableat full rate.

3. Entitlement to Jobseekers Allowance will still end for those claimantswho fail to provide a signed declaration in the appropriate manner.

DEFINITIONS

4. Working day means any day that the appropriate office is not closed1.

Relevant notification means a notification to the claimant of when andwhere they are to attend2 but which is not a notification to attend anemployment programme or training scheme3.

1 reg 25(1A); 2 regs 23 & 23A; 3 reg 25(1A)

ENTITLEMENT ENDS

5. Entitlement to Jobseekers Allowance will end when

1. the claimant


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1.1 fails to attend on the day and place specified in a relevantnotification and

1.2 fails to make contact with the Employment Officer in themanner set out in a relevant notification before the end of 5

working days, those 5 days beginning with the first workingday after the day they failed to attend1 or

2. the claimant

2..1 attends on the right day but at the wrong time and

2.2 has been informed by the Employment Officer in writingthat if they do not attend at the right time the next time theyare required to attend then this may result in entitlement toJobseekers Allowance ceasing or not being payable for a

period and

2.3 fails to attend at the right time on the next occasion and

2.4 fails to make contact with the Employment Officer in themanner set out in the relevant notification before the end of5 working days, those 5 days beginning with the firstworking day after the day they failed to attend at the righttime2 or

3. the claimant was required to provide a signed declaration and failsto do so on the day they were supposed to3 and fails to makecontact with the Employment Officer before the end of 5 workingdays after the day they fail to provide a signed declaration, those 5days beginning with the first working day after the day they failed toprovide a signed declaration4.

Note: See DMG 20956 and 20957 for when Jobseekers Allowanceentitlement ends.

1 JSA Regs (NI), reg 25(1)(a); 2 reg 25(1)(b); 3 reg 25(1)(c); 4 reg 27

ENTITLEMENT CONTINUES BUT BENEFIT IS NOT PAYABLE

6. Entitlement to Jobseekers Allowance will continue but it will not bepayable for a period where either1

1. the claimant

1.1 fails to attend on the day and place specified in a relevantnotification and


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1.2 makes contact with the Employment Officer in themanner set out in the notification before the end of 5working days, those 5 days beginning with the firstworking day after the day they failed to attend and

1.3 fails to show good cause for that failure2or

2. the claimant

2..1 attends on the day and at the place specified in arelevant notification but fails to attend at the correct timeand

2.2 has been informed by the Employment Officer in writingthat if they do not attend at the right time the next timethey are required to attend then this may result in

entitlement to Jobseekers Allowance ceasing or notbeing payable for a period and

2.3 fails to attend at the right time on the next occasion and

2.4 makes contact with the Employment Officer in themanner set out in the notification before the end of 5working days, those 5 days beginning with the firstworking day after the day on which they fail to attend atthe correct time and

2.5 fails to show good cause for that failure3.

1 JSA Regs (NI), reg 27A(1); 2 reg 27A(2); 3 reg 27A(3)

Period for which jobseekers allowance is not payable

7. Where Jobseekers Allowance is not payable as in paragraph 6above, it is not payable for a period of

1. one week, where it is the first occasion that JobseekersAllowance is not payable under paragraph 6 above1 or

2. two weeks, where it is the second or subsequent occasionduring the same Jobseeking Period that Jobseekers Allowanceis not payable under paragraph 6 above2.

1 reg 27B(1)(a); 2 reg 27B(1)(b)

8. The period will begin

1. where Jobseekers Allowance is paid other than fortnightly inarrears, on the day following the last benefit week in respect ofwhich that allowance was paid1or


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2. in any other case, on the first day of the week following the dateJobseekers Allowance is determined not to be payable as inparagraph 6 above2.

1 JSA Regs (NI), reg 27B(2)(a); 2 reg 27B(2)(b)

Example 1

Judith normally signs every fortnight on a Tuesday (her benefit weekending day) and is paid fortnightly in arrears. She is next due toattend on Tuesday 10 April 2012 but does not turn up. She goes tothe office the next day on 11 April and provides a signed declaration.She explains that she had been away and lost track of the days andforgot she was due to attend. This is the first time that Judith hasfailed to attend in this Jobseeking Period. Judiths papers arepassed for a decision to be made. On 13 April the decision maker

decides that Judith has not shown good cause for her failure toattend on 10 April and so while her entitlement to Jobseekers

Allowance will remain, it will not be payable for a week. The periodof non payability will start on Wednesday 18 April 2012.

Example 2

Phil normally attends the Jobs and Benefits Office every fortnight ona Thursday at 10:30am (his benefit week ending date) and is paidfortnightly in arrears. When he last attended on 12 April 2012 he didnot turn up until 2:00pm. As a result the Employment Officer sent a

letter to him saying that if he did not attend at the correct time on hisnext signing day then his Jobseekers Allowance may cease or notbe payable for a period.

On his next signing day on 26 April 2012, Phil arrives at theJobcentre at 12:30 saying he overslept. He provides a signeddeclaration. His papers are referred to the decision maker whodecides on 1 May that Phil has failed to attend at the correct timedespite a written warning and he has not provided an explanationthat shows good cause. This is the second occasion within thecurrent Jobseeking Period that Phil has been sanctioned for failureto attend. His Jobseekers Allowance will therefore not be payablefor a period of two weeks from 4 May 2012.

ONE MEMBER OF A JOINT-CLAIM COUPLE IS SANCTIONED

9. A reduced amount of Jobseekers Allowance can be paid where onlyone member of a joint-claim couple is sanctioned1 as in paragraph 6above. To calculate the amount the guidance at DMG 34957 shouldbe followed.

1 JSA Regs (NI), reg 74B


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ENTITLEMENT DOES NOT END

10. Where the claimant has failed to sign a declaration in the manner setout in the notification1, entitlement to Jobseekers Allowance will notend and will continue to be payable at the full rate if the claimant

1. makes contact with an Employment Officer in the manner setout in the notification before the end of 5 working days, those 5days beginning with the first working day after the day theclaimant failed to provide a signed declaration and

2. shows good cause for that failure2.

Note: For guidance on good cause as it applies to this issue seeDMG 20935 et seq.

1 JSA Regs (NI), reg 24(6) & (10); reg 25(1)(c); 2 reg 27

CONSEQUENTIAL AMENDMENTS

Days that count as days of entitlement to contribution-basedJobseekers Allowance

11. DMG 21096 - 21097 provides guidance on when days can becounted as being days of entitlement to contribution-basedJobseekers Allowance even though no contribution-basedJobseekers Allowance may be payable. A day of sanction for a

failure to attend in accordance with paragraph 6 above also countstowards the maximum of 182 days1.

1 reg 47(4)(b)(ii)

Days to be deducted from the sanction period

12. Guidance at DMG 34051 3.12 and 34052 3.12 include failed toattend as self imposed days to be deducted from the sanctionperiod. From 6.3.12 these should not be included because failure toattend becomes a sanction in it's own right and does not end

entitlement to Jobseekers Allowance.

Short periods of sickness

13. Those claimants whose Jobseekers Allowance is not payable as inparagraph 6 above, can be added to those who can be treated ascapable of work/not having limited capability for work for up to 2weeks1 (see DMG 20961). This also applies to those claimants whoare temporarily absent from Northern Ireland for the purpose ofreceiving National Health Service treatment abroad2 (see DMG20976) and whose Jobseekers Allowance is not payable as inparagraph 6 above.

1 reg 55(1)(a); 2 reg 55A(1)(a)


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Young persons

14. DMG 21681 provides guidance on the circumstances where a youngperson is expected to actively seek employment and training. A

young person whose Jobseekers Allowance has not beensanctioned in accordance with paragraph 6 above should activelyseek employment or training1.

1 JSA Regs (NI), reg 65(5)

15. DMG 21829 describes what a Jobseekers Agreement must alsocontain for a young person in addition to the items listed at DMG21826. A young persons Jobseekers Agreement should alsoinclude a broad description of when Jobseekers Allowance can besanctioned in accordance with paragraph 6 above1.

1 reg 66(1)

16. DMG 30840 advises that the personal allowance for young peopleshould be reduced when they have been sanctioned in accordancewith DMG Chapter 34. From 6.3.12 the reduction should also beapplied where young people have been sanctioned in accordancewith paragraph 6 above1.

1 reg 68

Part week payments in sanction cases

17. DMG 33229 - 33232 provides guidance on part week payments insanction cases1. From 6.3.12 this guidance will include sanctions inaccordance with paragraph 6 above.

1 reg 152(1)(c)

HARDSHIP

Jobseekers Allowance not paid because of a sanction

18. DMG 35271 provides guidance on hardship payments that may bemade when claimants who are in a vulnerable group are sanctioned.From 6.3.12 this guidance also applies to claimants who aresanctioned in accordance with paragraph 6 above.

Vulnerable groups

19. DMG 35065 provides guidance on claimants that are in a vulnerablegroup even where the Disability Premium is not being paid becauseof a sanction. From 6.3.12 this guidance applies where the sanction

is in accordance with paragraph 6 above.


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REVISION AND SUPERSESSION

20. Decisions on whether Jobseekers Allowance is payable for anyperiod because a sanction has been imposed can be revised at anytime1. This includes a sanction imposed as in paragraph 6 above2.

1 SS CS (D&A) Regs (NI), reg 3(6); 2 JSA Regs (NI), reg 27A

21. Where a decision has been made that Jobseekers Allowance ispayable and subsequently it ceases to be payable because asanction has been imposed that decision may be superseded1. Thisincludes a sanction imposed as in paragraph 6 above2.

1 SS CS (D&A) Regs (NI), reg 6(2)(f); 2 JSA Regs (NI), reg 27A

22. The effective date of the decision1 superseding the award as a result

of a sanction being imposed as in paragraph 6 above is

1. where Jobseekers Allowance is paid otherwise than fortnightlyin arrears2, on the day following the end of the last week inrespect of which Jobseekers Allowance was paid or

2. in any other case3, on the first day of the week following thedate on which Jobseekers Allowance is determined not to bepayable.

1 SS CS (D&A) Regs (NI), reg 7(8)(za); 2 JSA Regs (NI), reg 27B(2)(a); 3 reg 27B(2)(b)

APPEALS

23. The decision that Jobseekers Allowance to which the claimant isentitled is not payable as per paragraph 6 above is an appealabledecision1.

1 SS (NI) Order 98, Sch 3, para 3(da)

ANNOTATIONS

Annotate the number of this memo (DMG Memo Vol 1/96, 4/111 &6/73) against the following DMG paragraphs 03340, 04004, 04587,Volume 1 Annex D (main heading), 20909 (main heading), 20915,20920, 20926, 20935, 20938, 20961, 20976, 21096, 21097, 21681,21829, 30840, 34046, 34047, 34956, 35057, 35310.


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CONTACTS

If you have any queries about this memo please contact:

Decision Making Services

Section 1Level 1James HouseGasworks Business ParkBelfast

Extension: 37191

DECISION MAKING SERVICES Distribution: All Holders of DMG Volumes 1, 4 & 6

February 2012

SANCTIONS FOR FAILURE TO ATTEND JOBSEEKER’S ALLOWANCE

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