Guidance

Employment and Support Allowance sanctions: how to keep your benefit payment

Updated 17 December 2020

1. How does Employment and Support Allowance work?

If you have an illness, health condition or disability, Employment and Support Allowance (ESA) offers you:

• financial support if you’re unable to work
• personalised support to help you move into work when you’re able to

You can apply for ESA if you’re:

• employed
• self-employed
• unemployed

If you are paid ESA you may need to have a Work Capability Assessment. This is to see to what extent your illness, health condition or disability affects your ability to work.

If the Work Capability Assessment finds that you are able to work, you will no longer receive ESA. You may be able to claim another benefit.

If the Work Capability Assessment finds that you are not able to work, you will continue to be paid ESA. You’ll also be placed in one of 2 groups.

Work-related activity group

If you are placed in the work-related activity group, you may be required to have regular interviews with a Jobcentre Plus work coach or a Work Programme adviser.

If you are in this group it means you are not able to work at the moment, but you can do some things to prepare for work in the future. You must do all the things you are asked to do by your work coach or adviser. If you don’t do these things, and you don’t have good reason, your payments will be reduced for a period of time. This is called a sanction.

Support group

If you are placed in the support group, you won’t be asked to attend meetings, but can choose to do so if you want to. You’re usually in this group if your illness, health condition or disability severely limits what you can do.

You cannot be sanctioned if you are in the support group.

2. How do I keep my full benefit payment if I am placed in the work-related activity group?

If you are placed in the work-related activity group this means that you are able to do certain things to prepare for work in the future. These are called work-related activities.

Work-related activities may include:

• attending meetings with your work coach or adviser
• taking steps to prepare for a return to work when you are able

Your work coach or adviser will help you plan how and when to do work-related activities, while taking into account your illness, disability or health condition.

If you don’t do these things and you don’t have a good reason you will get a sanction and your payment will be reduced.

Talk to your work coach or adviser

It’s important your work coach or adviser gets to know your circumstances and the support you need. You should tell them about anything that affects:

• your preparation for work
• your participation in work-related activities
• your participation in meetings

This can include:

• more about your illness, health condition or disability
• if you’re living with addiction or alcohol problems
• if you’re a carer
• if you’re homeless
• if you have transport problems
• if you need help with reading, writing or speaking

This list doesn’t cover everything.

Please tell your work coach or adviser about your circumstances, even if you’re not sure they need to know.

Keep a record of what you do to prepare for work

Your work coach or adviser may ask to see what you have been doing.

It’s a good idea to:

• keep a note of everything you do to prepare for work, including the time and date you did them and how long you spent doing each thing
• make a note of your meetings at Jobcentre Plus and any training you have
• keep all letters and emails from the Department for Work and Pensions (DWP) or your Work Programme provider

3. What if I can’t come to a meeting or do a work-related activity?

There may be times when you’re not able to do the things you have been asked to do. For example:

• if you have a hospital appointment at the same time as a meeting with your work coach
• if you are unexpectedly ill and cannot do a work-related activity on your plan that you were asked to do

If this happens, call or email your work coach or adviser straightaway to tell them the reason why you can’t take part in a meeting or do the work-related activity you were asked to do.

If it is decided you had a good reason, your payments won’t change. If it is decided that you didn’t have a good reason, you will get a sanction and your payments will be reduced.

Please talk to your work coach or Work Programme adviser straightaway if you cannot do something you are asked to do.

4. What happens if I get a sanction?

If you get a sanction:

• your payment will be reduced
• you will receive a letter telling you how much your payment is reduced by

You can ask your work coach or adviser to tell you what this means for you.

How long will my sanction last?

The time your sanction lasts for comes in 2 parts, one open ended and one fixed.

The open ended period will last until you:

• take part in the meeting you were asked to attend with your work coach or adviser
• do the work-related activity you were asked to do
• come to an agreement with your work coach or adviser about the meeting or work-related activity

A fixed period of time will then follow depending on your situation:

Your situation	Extra time added to your sanction after the open ended period
It’s your first sanction	1 week
You’ve had another sanction in the last year	2 weeks
You’ve had 2 or more sanctions in the last year	4 weeks

Talk to your work coach or adviser if you’re not sure about anything you’ve been told or if you need any extra help or support.

5. Help if your payment is reduced

You may get a hardship payment if you can’t pay for:

• rent
• heating
• food
• other basic needs for you, your partner or your child

A hardship payment is a reduced amount of benefit payment.

To find out more contact DWP at:

Telephone: 0800 169 0310
Textphone: 0800 169 0314
Welsh language: 0800 328 1744
Lines are open Monday to Friday, 8am to 5pm
Find out about call charges

For free advice on managing money, visit the Money Advice Service.

Housing Benefit and Council Tax Reduction

If you get Housing Benefit or Council Tax Reduction, keep in touch with your local council. Tell them about any changes to your circumstances including if you get a sanction. They’ll tell you if you need to do anything else.

6. What can I do if I think the decision to reduce my payment is wrong?

You can ask why

You, or someone who has the authority to act for you, can contact DWP to ask for the decision to be explained in writing. The phone number and address is on your decision letter. You must do this within one month of the date on the sanction letter.

You can ask for the decision to be looked at again

You, or someone who has the authority to act for you, should tell the DWP if:

• you think something has been overlooked
• if you’ve got more information that affects the decision

The phone number and address is on your decision letter. You must do this within one month of the date on the sanction letter.

When this information has been considered, you will get a letter to tell you what has been decided and why. This is called a mandatory reconsideration notice.

What happens next?

If you agree with the result of the mandatory reconsideration notice you don’t have to do anything.

If you disagree with the mandatory reconsideration notice, you can appeal to the Social Security and Child Support Tribunal. You must wait for the mandatory reconsideration notice before you start an appeal.