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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

When is a decision not a decision?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

Joined: 15 October 2012

First to say that I’ve discussed this case with Mike Spencer but as the material bit for CPAG is no longer running then I am throwing this out to the field instead.

At the end of a sanction period; when the rate payable increases again, I am reckoning that there is a supersession implicit in that termination, much akin to what happens at the end of 365 days of CESA.

So at the end of the sanction; there arguably arises an appeal right as to whether the sanction should have happened at all.

I have a case where a client was sanctioned but it was later decided he was vulnerable so the sanction should not be imposed, however JCP did not lift the sanction and it ran for a Long Time. JCP have now arbitrarily lifted the sanction but the vast majority of the benefit withheld has not been repaid as they have lifted the sanction from the end of the Work Programme placement.

The cessation of the sanction must be a supersession mustn’t it?