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

income related esa fter a sanction

SocSec
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question, client recieves income related esa but this is reduced by an occ pension , cl is sanctioned , I understand that only the personal alolwance elemnt can be sactioned, so will my client still get the wrag amount of esa plus his occ pension or will he lose the total esa due to the sanction ???

Paul_Treloar_CPAG
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See p.1100/1101 WBH 2014/15 which sets out basic rules. You’re correct that it’s only the personal allowance element of ESA that is sanctioned, with other elements remaining payable, but if your client has an occupational pension, then this would also be deducted from whatever ESA remains as a result, so this could see them having the 10p a week minimum payments rules applied.

SocSec
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Thanks Paul, I did see the info in the wbh but even after a discussion with colleagues we still don’t quite get it.

cl get income based esa of £72 plus wrag payment of £29.  cl also gets occ pension of £80 pw so actual esa paid to client is £21 pw

when he is sanctioned he loses the £72 esa but how does the rule work to remove the wrag paymnet. he is on income related esa. I could not see anything in the rules to show why his wrag pay is reduced , dwp cannot take away his occ pension so in theory he still gets that plus the £29 wrag paymnet

where are we going wrong ?

Brian JB
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It isn’t the personal allowance which is sanctioned - the amount of the reduction is 100% of the prescribed amount of the personal allowance, which is different. therefore, the reduction from whatever rate of ESA will currently be £72.40, subject to there being a minimum entitlement of 10 pence.

Therefore, in your example, his £29 ESA is reduced to 10 pence per week

SocSec
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THANKS SL, STLL NOT SURE, IF 72.40 IS REDUCED FROM HIS AWARD IT STILL LEAVES HIM WITH THE WRAG ELEMENT AND HIS OCC PENSION, SORRY FOR CAPS BUT MY KEYBOARD HAS JAMMED

Tom H
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It’s the amount of ESA “payable” that’s reduced not his applicable amount.  So if his applicable amount is 100.15 p/w (ie 72.40 + 28.75) and his occ pension is £80 p/w, the amount of ESA payable is £20.15 p/w.  The reduction is £72.40 p/w.  The 72.40 is subtracted from the £20.15 not the £100.15, leaving him with -£52.25.  As the law says he must be left with a minimum of 10p rather than a minus figure he gets 10p.

SocSec
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thanks TH, that makes sense, where exactly does it state that its the amount “payable” , is it in esa regs ?

Tom H
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Reg 63 ESA Regs:

“63.—(1) Where the Secretary of State has determined–

(a) that a claimant who was required to take part in a work-focused interview has failed to do so and has failed to show good cause for that failure in accordance with regulation 61; or

(b) that a claimant who was required to undertake work-related activity has failed to do so and has failed to show good cause for that failure in accordance with regulation 8 of the Employment and Support Allowance (Work-Related Activity) Regulations 2011,

(“a failure determination”) the amount of the employment and support allowance payable to the claimant is to be reduced in accordance with this regulation”

The amount payable, eg £20.15, is to be reduced by 72.40.

[ Edited: 24 Feb 2015 at 04:06 pm by Tom H ]
Paul_Treloar_CPAG
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Thanks sovietleader and Tom H for clarifying things, my rushed use of language/explanation did no favours.