UC sanction and now sick

Claimant was sanctioned for losing job due to misconduct in Nov 2019. Not sure how long sanction was for but she very quickly became unwell, was sectioned for 28 days and is sending in fit notes. Came off section last week. Sanction is still being applied to UC?

Does pre-existing sanction carry over to new circumstances?  We are requesting an MR but can’t find anything that confirms sanction should stop now claiming as sick rather than work seeker.

Thanks

The daily reduction rate of the sanction should be nil if she has LCWRA - see reg 111(3) of the UC regs.

But unfortunately that won’t work for the assessment period :(

Thanks Daphne. That’s a bit rubbish then. So only option Hardship Loan I suppose.

Maybe she should not have been sanctioned:

See Advice for Decision Makers, K3:
Mental illness
K3073 The DM should not impose a sanction for misconduct if there is evidence from
someone who is medically qualified that at the time of the alleged misconduct the
claimant was
1.  suffering from a mental illness and
2. not responsible for the actions in question.
Note: See the guidance in ADM Chapter K2 (Good reason) if 1. or 2. apply.

She was sectioned very shortly after, so was she responsible for her actions?  So could this be grounds to challenge the decision, especially as there are no time limits for sanction decisions

Thanks. Might try that.