Forum Home → Discussion → Conditionality and sanctions → Thread
Sanctioned for UC but would this affect a claim for NS ESA?
this might be obvious but I’ve managed to confuse myself!
My cl. has been sacked for gross misconduct and does not want to pursue any action for unfair dismissal.
As far as I can see this would automatically lead to a high level UC sanction for 91 days. The cl is however off sick and has a sick note. They have worked for the past five years at least and would, in normal circumstances, qualify for NS ESA.
I cant quite figure out if any NS ESA would also be subject to a sanction, as I said I think I may have confused myself (it’s Friday and I am old if that is any excuse?) but I would be really grateful for some words of wisdom
thanks
I think the sanctions would only kick in following a claim for UC. If he doesn’t need to claim UC then it can’t have anything to do with NS ESA, can It?
thanks Ruth, I don’t think I was very clear in my original post. he cl is already getting UC, including Housing Costs.
The UC sanction would , in effect, take away the basic £334.00 per month personal allowance from UC but leave the Housing Costs unaffected. If they claim NS ESA they should get a very similar amount from NS ESA (in practice replacing the missing UC) but I cannot find out whether the sanction would then be applied to NS ESA. In Reg 61 of the 2013 ESA Regs says it can be, but only if UC has stopped and in this case , because of the Housing Cost, it wont have stopped
Although his ESA won’t be sanctioned, it will still be taken into account as income for the UC award.
This means any UC will be reduced by £77 x 52/12 = £333.67
If the standard allowance is sanctioned he will only get housing cost element - £333.67
Although his ESA won’t be sanctioned, it will still be taken into account as income for the UC award.
This means any UC will be reduced by £77 x 52/12 = £333.67
If the standard allowance is sanctioned he will only get housing cost element - £333.67
Just trying out an idea - if their Local Housing Allowance was £493.00 per month and the ESA pays £333.66 per month they would still get just under £160.00 month UC , this is close to the approx £175.00 per month from hardship payment but would not have to be paid back?
yes, assuming he is paid the Housing Costs element and it doesn’t go direct to his landlord.
Not sure his Landlord would be that happy if there’s no rent paid though