Sickness on JSA and Flexible New Deal

My client received a sanction because he missed an interview with a FND provider. A letter from the DWP said that he had already been sick two times (for one day each) and that he was only allowed two periods of sickness during a year without affecting his claim for JSA. He was only sick three days in total during the year - does this mean that he should be sanctioned? I cannot find the law about this. Any help?

The two weeks of sickness in a jobseeking period is only for the purposes of being treated as available for and actively seeking work and thus being allowed to stay on JSA and not having to claim ESA instead.

There is no rule that places a limit on how many times a person can be sick for the purposes of determining whether a person should be sanctioned for any of the offences in section 19 of the Jobseekers Act.  The defence to a sanction is one of good cause.  If good cause is shown and accepted the sanction is lifted.  No more, no less.

Thank you for these answers, but I am still confused.

I understand that my client cannot be sanctioned as he is protected by section 19.

Yet he can still be disentitled to JSA because he was sick the third time, following regulation 55(3), and in principle he should claim ESA. However, this third period of sickness was only one day, and the whole thing seems silly - my client is NOT going to claim ESA only because of one day sickness. But what about his entitlement to JSA? Can he be disentitled to JSA for a longer period (for example a whole week) even if he was unavailable for work only for one day?

Thank you for any help again

Can you ask JCP to sort out the confusion by specifying whihc reg they have used to sanction your client?
Also, re the relationship between the FND provider and JCP:  As outsourced contractors take over from JCP under the Work Programme, I’m keen to know who does the sanctions. At last weeks DWP Welfare Reform forum, the JCP speaker said only JCP advisers can decide on sanctions, following a recommendation from the Work Programme provider. (A bit like WCA decisions have to be taken by DWP DMs following the recommendations by ATOS doctors.)  But one rep from a Work Programme provider thought it might be otherwise.

Robby

I’m not sure about JSA but recent regs concerning ESA seem to say that, despite delegating certain functions under contracting out arrangements, considerations of good cause for not attending interviews and sanctions are still matters for the Secretary of State - see Reg 9 of ESA (Work-Related Activity) Regs 2011, SI1349, and the relevant explanatory note.  I share your concern that such decisions may, by and large, be simply rubber-stamping exercises.  It may be the same for JSA but I am not sure of the regs - I just happened to notice this on Friday when looking through a backlog of stuff as my computer had gone wrong.

He can be sanctioned under section 19 if it is considered that he failed to follow a Jobseekers direction.  Failure to attend an interview without good cause can be considered such a breach.  Note, the direction must be in writing.  So has he been sanctioned or just disentitled because he falls foul of reg 55(3)?

Thank you to everybody.

He said he was sanctioned but did not show me his letter.

If he fell foul of reg. 55, what should I do? Advise him to make a backdated claim for ESA? For one day illness?