× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Access to justice and advice sector issues  →  Thread

Sanctions and passporting?

Gareth Morgan
forum member

CEO, Ferret, Cardiff

Send message

Total Posts: 2009

Joined: 16 June 2010

I’m revising a training course and I’m not sure about this point.  Where someone is sanctioned by a withdrawal of benefit are they treated as still receiving it for passporting purposes.  For example disabled facilities grants are, currently, passported by UC.  If someone is sanctioned would they qualify.  Would there be a difference between a 4 week sanction and a 3 year one?

For some purposes it would be an enormous loss that might not occur if the relevant date was a week later or earlier.

DoINotLikeThat
forum member

Warwickshire Welfare Rights Advice Service

Send message

Total Posts: 26

Joined: 23 August 2011

Hi Gareth,

This is a very simplistic view, but does the claimant not remain entitled to benefit when they have been sanctioned, it’s the payability that is affected, therefore passporting would remain unaffected? This is certainly the case for HB as someone who has had their IB JSA claim sanctioned would remain entitled to maximum HB by virtue of passporting via Income based JSA claim, as they still retain entitlement to IB JSA even though it can’t be paid due to the sanction. (Reg 2(3) (a) HB Regs). Not sure whether this remains the same for UC though.

Gareth Morgan
forum member

CEO, Ferret, Cardiff

Send message

Total Posts: 2009

Joined: 16 June 2010

In a sense that’s the question.  Entitlement is one test that’s relevant to some things but, for DFGs for example, the regulations use “in receipt of”.