ESA - new sanctions regime

Have there been some new regs (maybe draft regs)  on ESA sanctions from 3rd December that I’ve missed? I’ve seen bits of references to stuff but cant seem to track down new regs

hi - i haven’t seen either.

here’s a link to DWP page on welfare reform draft regs -

http://www.dwp.gov.uk/policy/welfare-reform/legislation-and-key-documents/welfare-reform-act-2012/welfare-reform-draft-regulations/

it has draft esa regs but they are a replacement of main regs (i think) and not due to come into force until april next year. 

in explanatory memorandum for draft jsa sanctions regs, it says that changes to esa sanctions will be through another instrument. i’m thinking hasn’t been published yet but would be happy to be contradicted!

We have just had a notification from Devon & Cornwall’s District Manager telling us that revised ESA & JSA sanctions are starting soon. JSA from 22/10 and ESA from 03/12/12.

ESA section copied to here:

ESA
From 3 December 2012 a revised ESA sanctions regime is being introduced.

These failures will lead to an amount equivalent to the single persons Personal Allowance being removed from a claimants benefit until they re-engage. This will then be followed by a fixed period sanction of up to one, two or four weeks.

Hardship
The Government is committed to protecting vulnerable people and their dependants. Therefore, hardship payments will continue to be paid, where relevant, to vulnerable JSA (IB) claimants including those on Employment, Skills and Enterprise schemes; and hardship will also be paid to ESA (IR) claimants.

Claimants will need to complete an application form if they wish to claim hardship. A decision will be made as to whether the claimant is entitled to hardship and the claimant will be informed of the decision.

How we are preparing claimants
‘All ESA (WRAG) claimants will be sent a letter explaining the changes. The letters will be issued from 12 November 2012 to 30 November 2012. The letter also advises claimants that a helpline is available if they need further information. Helpline staff will be able to give general information about the changes and provide details of the support available to claimants. The helpline will be available from 14 November 2012 to 31 December 2012.

When claimants are interviewed by an Adviser they will also be told about the sanctions regime and informed of what may happen if they do not comply with what they are being asked to do’.

here are the regs - out today -

http://www.legislation.gov.uk/uksi/2012/2756/made

and rightsnet news story on them -

http://www.rightsnet.org.uk/news/story/new-two-part-employment-and-support-allowance-sanctions-regime-from-3-decem/