It’s time to abolish “purely punitive” benefit sanctions

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Iain Duncan Smith has recently announced that harsh benefit sanctions system will be made less aggressive in response to criticism from a parliamentary select committee. 

The Work and Pensions Secretary said that people subjected to sanctions would from now on initially be given a “yellow card” or warning when the sanction – a benefit deduction – was triggered.

People would then be given a 14 day period to provide evidence of why a sanction was not deserved before the monetary penalty was applied. The onus is on the person claiming benefits to provide evidence and account of any “non-compliance” with the strict codes of “conditionality”, which is a now fundamental part of eligibility for social security benefits.

However, widely criticised decisions include people being sanctioned for missing jobcentre appointments because they had to attend a job interview, or because they were ill, or people sanctioned for not looking for work because they had already secured a job due to start in a week’s time.

A man with heart problems was sanctioned because he had a heart attack during a disability benefits assessment and so failed to complete the assessment.

The Work and Pensions Committee in March called for an independent inquiry into the way the sanctions operated, for the second time in a year. In the Committee report, MPs warned that the sanctions regime appeared to be “purely punitive”.

In August the Department for Work and Pensions (DWP) was caught out making up quotes from supposed “benefit claimants,” saying that sanctions had actually “helped” them. A freedom of Information request (FOI) from Welfare Weekly exposed the fact that neither the comments on DWP leaflets nor the people used for the photographs were genuine.The DWP admitted that both “quotes” and people were for “illustrative purposes only.”

The Department of Work and Pensions is under fire again, this time for applying punitive benefit sanctions without any prior warning to tens of thousands of people over the past five years, according to a academic researcher, David Webster. In almost 300,000 cases, claimants have been hit with sanctions without being officially notified. The shocking figure includes an estimated 28,000 cases in Scotland. Campaigners warn that claimants are being left without any money and plunged into “crisis”.

The figure has been calculated based on data released by the Department of Work and Pensions (DWP) by Dr David Webster, an honorary senior research fellow in urban studies at Glasgow University.

Under the Conservative welfare “reform” Act, sanctions are now used much more frequently within the social security system. The severity of sanctions has also increased and conditionality is now controversially applied to previously exempt groups such as lone parents and disabled people.

The DWP’s own analysis found that in 2014, there were 47,239 sanction decisions – a total of 6.9% of all cases – where claimants of Jobseeker’s Allowance (JSA) had not been notified in writing.

The DWP letters – which outline the sanction decision and the right to ask for a review and lodge an appeal – had not been sent out due to an “administration error.” The first that many people knew of the sanction was when they found they had not been paid into their bank account.

Webster has calculated that applying the percentage over the past five years shows there were around 279,000 cases where claimants had their benefit stopped without being officially notified.

The DWP has admitted the letters should have been sent out and is now writing to all those who did not receive the notification. However the correspondence will not include an apology for the error. The DWP say that they have now changed procedures so that letters to notify of sanctions will now be triggered automatically instead of having to be sent out manually.

Webster said the figures published by the DWP were an “important admission” of the problem.

He said: “It is a very large number and it explains why so many of these cases are being thrown up in the various voluntary sector reports on sanctions.

“This is one of the commonest stories that people tell – that the first they knew about a sanction is when they went to the cash machine and there was no money.”

He added: “You can do an estimate of the number in Scotland and there would be around 28,000 occasions a sanction has been imposed without the claimant being notified.”

However, Duncan Smith has said that the “yellow card” approach would be introduced on a trial basis, which is a relatively small commitment, next year.

In a letter to the Work and Pensions Select Committee, he said: “During this time, [two weeks] claimants will have another opportunity to provide further evidence to explain their non-compliance.” 

“We will then review this information before deciding whether a sanction remains appropriate. We expect that this will strike the right balance between enforcing the claimant commitment and fairness.”

David Webster’s written and oral evidence to the recent House of Commons Work and Pensions Committee inquiry into Benefit Sanctions, Beyond the Oakley Review, is available on the Parliament.uk website and and his other papers on sanctions are available via Child Poverty Action Group.

This post was written for Welfare Weekly, which is a socially responsible and ethical news provider, specialising in social welfare related news and opinion.

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9 thoughts on “It’s time to abolish “purely punitive” benefit sanctions

  1. Quote: In a letter to the Work and Pensions Select Committee, he said: “During this time, [two weeks] claimants will have another opportunity to provide further evidence to explain their non-compliance.”
    “We will then review this information before deciding whether a sanction remains appropriate. We expect that this will strike the right balance between enforcing the claimant commitment and FAIRNESS.” (Upper case my emphasis.)

    Surely the last sentence above is an admission that the current system is actually unfair as it stands. If so, why isn’t this Yellow Card system being introduced immediately and across the board?
    I’m also suspicious of this two week deadline. It is a common occurrence (trick?) for government departments, including councils, to send you a letter dated, say the 1st March, but it doesn’t get delivered to you until the 14th March or later. The letter says you have 1 month to respond to this letter, meaning you actually only have two weeks, or less, to respond to it.
    However, if you can prove that it was delivered on the 14th March, then your month response starts from then. But that’s practically impossible now. The days of circular franked stamps on the envelope, complete with date from the Sorting Office (usually the day before delivered) are over.
    Check out your ‘official’ envelopes. They have either black or orange lines of various sizes marching across the envelope, a bit like a bar code. No date, and utterly impossible to decipher, unless you have specialist knowledge. I am assuming here that those black/orange bar codes actually do contain the date the said letter was received by the Sorting Office prior to delivery to its address. I wouldn’t know; I can read them about as much as I can read Sanskrit or the Rosetta Stone or the Enigma code, which I think is the point of these bar codes.
    Call me paranoid, but if the DWP has gone for a 2 week response period, and this dating trick is pulled, then that means you have no response time left. Result: SANCTION!
    Moral of this story: Date a postman/woman to find out how this bar dating system actually works.
    Only joking, as I suspect they have no more idea than I do. But I would dearly love to be able to translate these bar codes.
    Information is power, and if we don’t even know when a letter was sent (regardless of the date stated on the letter)
    then we are going back to the days when masses/bibles were in Latin rather than English regarding these bloody bar codes.
    That sounds extreme, but I don’t think it is.
    I think these postal bar codes are the postal equivalent of Latin.
    Forgive my ramblings; I think your posts are dead important.
    You inspire me, along with The Void, Mike Silver….. maybe I should inspire myself.
    God, I so long to do that…. you lot are doing that.
    I fought the power companies, and got thousands back in rebates on my estate .I did this with nothing more than a 79p calculator and statements.
    I am so sick of fighting against loaded dice.But I’m even more sick about the loaded dice in the first place.
    It’s a weird thing my eyebrows flutter when I’m collared by a tenant on my estate about Scottish Power.
    I do my best to avoid him (I just want to get home to my mum)
    But them I look at his online statements; Scottish Power are taking the piss.

    Liked by 1 person

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