Universal Credit Sanction when client has LCW

Cl claimed UC during March, having walked out of her job (no “good reason” unfortunately). UC is now subject to a 3 month sanction, leaving client with £6.00/month to live on after housing costs. (Cl has applied for hardship provision).

Client has now been diagnosed with a new health condition and has been issued a Med3.

Cl’s local JCP office is “live” under UC (but not officially “full roll out”). So a new claim for ESA is not an option, apparently.

My Question: Does the submission of a Med3 have any affect on the sanction?

Any thoughts appreciated.

No is the quick answer.

Fuller answer is if was found to have limited capability for work and work related activity (ie in the support group) then from the start of the assessment period sanction would be applied at a nil rate. If subject to no conditionality because responsible for a child under one or pregnant or recently adopted a child, then sanction is only at 40% of daily rate of standard allowance. (see p1095-1096 of main CPAG handbook). However, given presumably the latter doesn’t apply and that will need to be assessed for the former which will take 3 months, then this unlikely to help.

On whether can escape lobster pot in gateway area see: http://www.cpag.org.uk/content/universal-credit-full-steam-ahead. If in full service area then the UC lobster pot has been replaced by the UC ocean, so no escape (as the flood has come ...).

What about contributory ESA?

Not an option, unfortunately. Client was only in work for a few weeks.

Could you argue it was ‘Employment on Trial’
Your client would need to have:
-Not been in employment (or FT education) at least 13 weeks before starting the job
- Been working in the job for at least 16 hours a week
- Started at least the 5th week of work - but no more than 12 weeks
If this is case no sanction should apply
At least this is case for JSA claimants- Im hoping its the same for UC!!
Anyone know for sure?

Good point abcab - reg 113(1)(b)(iii) UC Regs 2013. No definition of ‘trial period’ - see p1104 main CPAG handbook.