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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

Total outstanding reduction period

Chrissum
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WRAMAS, Bristol City Council

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Hello better brains than I!
Looking at reg 101(3) of the UC Regs 2013, it appears that there is a maximum total length of consecutive sanctions of 1095 days. So what happens once this timescale is reached? My client has 2 sanctions of 28 days followed by 14 subsequent 91 day sanctions imposed on her. This is a grand total of 1330 consecutive days. Is there any mileage in arguing at tribunal in addition to the good reason arguments that any sanctions imposed after the 1095 days total is reached cannot lawfully be imposed? Purely technical point I know but relevant though not wholly crucial to the case.
Thoughts greatly appreciated.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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That’s not my reading of the guidance. It is not the total period of consecutive sanctions that is restricted but the total outstanding sanction period at the time a new sanction is imposed. So if at the time a new sanction is imposed there is already a sanction imposed with 200 days to run the maximum period for the new sanction would be 895 days so that the remaining total does not exceed 1095. If a claimant keeps offending in the eyes of the DWP they can be continually sanctioned.

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/754953/admk1.pdf paragraphs K1066 and K1067.

To determine whether the later sanctions were correct you will need to look at the outstanding sanction period at the time of each decision.

Chrissum
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WRAMAS, Bristol City Council

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hmm.. so what we can potentially have are an endless succession of rolling sanction periods, provided from the date of imposition of the current sanction, the total planned end date is less than 1095 days away. Yes, re-reading the wording of the legislation you are quite right. The word “outstanding” did not stand out so firmly to me!
Many thanks Ian.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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At some stage it would be nice to think someone might ask whether they are dealing with a vulnerable claimant!

ClairemHodgson
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Solicitor, SC Law, Harrow

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Ianb - 28 December 2018 03:10 PM

At some stage it would be nice to think someone might ask whether they are dealing with a vulnerable claimant!

as to which, see my post just before christmas, the newly reported case - within it, DWP’s internal guidance on when or if to sanction the vulnerable is cited/quoted from…