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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

Multiple sanctions and the lobster pot

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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Total Posts: 472

Joined: 18 June 2010

Apologies if this has been covered elsewhere, but I am on appointments away from our office and can’t find the answer. we are currently a live service area (full service due November 2017). Client this morning has not been paid (apart from the odd £5 in months where a sanction hasn’t wiped out entire personal allowance) for well over a year. Rang work programme provider, who listed 30 non attendances from December 2015 to August 2017. UC helpline said current sanction period still has 173 days left, to be followed by a further sanction of 265 days, then a further 5 sanction periods. Apparently was submitting sick notes for a while until told he didn’t need to about a year ago (no idea why - hasn’t had a medical and helpline said he is subject to all work requirements) but then started sending in sick notes a couple of weeks ago.

I appreciate that withdrawing the UC claim is not necessarily straightforward, but if he does (and can), he will be able to claim ESA(IR) + HB whilst we are in the Gateway period and will then transfer to UC at some later stage.

Will the existing UC sanctions transfer to the ESA(IR) claim or, if not, when the case migrates to UC (either managed or, if he fails WCA, probably “natural”), will the sanctions be re-imposed?