UC sanction query

The sanction should not have been imposed in the first place. Sanctions are imposed on claimants who fail WITHOUT GOOD REASON to meet any work-related requirement. He is a vulnerable client and the circumstances of GOOD REASON and claimant mental illness are dealt with directly in the ADM for Jobcentre staff.
        “Mental health…...
K2071 Claimants may have good reason if they fail to comply with a requirement if they were
experiencing poor mental health which meant that
1. they were not able to comply with a reasonable request or
2. complying with the request in question would put their mental health at risk or
3. complying with the request would have put the health of other people at risk.
Note: The consideration at 3. would apply to any situation where the claimant was involved with others,
for example their mental health may involve unprovoked violent episodes or may mean they cannot
concentrate fully and so could not drive or operate machinery around others or their mental state may be
such that spending time with them could result in others feeling stressed.
K2072 The DM should consider each individual case on its own merits taking into consideration all the
facts, circumstances and evidence available, whether the claimant understood what was required of
them and their reasons for the failure taking into account in particular their mental health at the time of
the failure.
K2073 As well as giving consideration to those claimants who have a clinically diagnosable mental health
condition, the DM should consider whether a claimant who has no diagnosed condition may be
temporarily distressed by particular circumstances that could worsen or precipitate mental ill health.
Note: See Examples 6 and 7 at K2352 when considering good reason where a claimant fails to
participate in an interview relating to a work-related requirement

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1046460/adm-k2.pdf#page=27

As he is vulnerable the Work Coach should have offered him a Hardship payment application as a matter of course.

I would request a reconsideration ( MR ) ,If it’s over 30 days give mental health issues as the reason.

I would also write a hard copy addressed to the Jobcentre Manager highlighting your concerns, and depending on how great the suffering caused to your client, warning of a complaint to the client’s MP.

Does he have a LCW/RA decision, or is he waiting for a WCA?

What is his current claimant commitment?

Thanks for the replies - his claimant commitment says, “I’ll spend 35 hours a week looking and preparing for work”, and that “I’ll attend and take part fully in all meetings with my work coach”. However, on his Work Plan, under Jobs, it says “I am not required to look for or apply for jobs at this time”. He’s already tried to challenge the sanction but he rather absurdly argued that they only notified him the day before the appointment date (not correct) and that he couldn’t attend because he had a family gathering arranged (not good reason). Nonetheless, the insistence that he must attend a face to face appointment to end the sanction seems wrong and I can’t see any reason why the work coach cannot make a reasonable adjustment in view of his mental health, and make it a telephone appointment. I can’t see anything in the guidance that says it must be face to face.

Does he have a LCW/RA decision?

If he has a refused WCA decision the route forward can be a bit trickier, and conversely easier if he has LCW (edit: unlikely, unless there’s been a mistake with his claimant commitment).

I’m guessing he’s actually somewhere on the route to a WCA?

EDIT(again): I just re-read and noticed it’s an open-ended sanction. Most of my client’s find the will to go in this circumstance (often to their mental or physical detriment). Nonetheless, if he can muster the will it would likely be the fastest solution.

Alternatively/in addition you might want to engage one of the escalation routes/partnership manager/MP to get the sanction ended ASAP.

MR/appeal to get the sanction overturned down the road.

Ask for a review of the claimant commitment - complain if they refuse.

Thanks Va1der - yes his WCA is pending so no LCW decision as yet. I don’t think he’ll managed a jobcentre appointment at the current time so I will request a telephone appointment as a reasonable adjustment and refer to our partnership manager if this is refused.

MOB - 16 March 2023 10:54 AM

Thanks for the replies - his claimant commitment says, “I’ll spend 35 hours a week looking and preparing for work”, and that “I’ll attend and take part fully in all meetings with my work coach”. However, on his Work Plan, under Jobs, it says “I am not required to look for or apply for jobs at this time”. He’s already tried to challenge the sanction but he rather absurdly argued that they only notified him the day before the appointment date (not correct) and that he couldn’t attend because he had a family gathering arranged (not good reason). Nonetheless, the insistence that he must attend a face to face appointment to end the sanction seems wrong and I can’t see any reason why the work coach cannot make a reasonable adjustment in view of his mental health, and make it a telephone appointment. I can’t see anything in the guidance that says it must be face to face.

From the Work Coaches training pack may be of interest

‘WS016 Universal Credit Subsequent Work - page 18
Search Interview
All DWP employees have responsibility to provide equal
access to our services. We have a legal duty to make
reasonable adjustments to standard services so all
claimants can access them, this includes holding
WSRs/WSIs over the telephone in appropriate
circumstances.
It is mandatory for claimants with the ability and who are
able to obtain access, to have a Universal Jobmatch
account but it is not mandatory to allow DWP access to
their account.
Claimants who do not have access to the internet at home
will be expected to use facilities at the Jobcentre, local
Library, Job Clubs, etc.
When previewing your list of appointments you might
identify a claimant who will not be attending the Jobcentre
in person on this occasion.
Telephone interviews/appointments will follow the same
format as face to face appointments.
For example: some claimants who live in remote areas will
have difficulty attending a Universal Credit outlet on a
regular basis. Whilst they must still attend the Universal
Credit outlet on some occasions, it might be impractical to’

Hi Andy, WS016 is staff training for the UC prototype called UC Live Service ( as opposed to Full Service using the Build platform ). Reading page 23 “Temporary or permanent health condition Reported ” , the process ( or DWP speak Health Journey ) would now be different as its UC Full Service. Sorry I can’t be more specific at the moment.

UB40 - 17 March 2023 06:53 PM

Hi Andy, WS016 is staff training for the UC prototype called UC Live Service ( as opposed to Full Service using the Build platform ). Reading page 23 “Temporary or permanent health condition Reported ” , the process ( or DWP speak Health Journey ) would now be different as its UC Full Service. Sorry I can’t be more specific at the moment.

Thanks UB40 for putting me right, I think it was from a FOI someone back in 2018. Forgotten about the ‘live’ / ‘gateway’/ ‘prototype’ UC etc etc.