DMG Memo Vol 1/96, 4/111 & 6/73

SANCTIONS FOR FAILURE TO ATTEND JOBSEEKERS ALLOWANCE

Contents Introduction Background Definitions Entitlement ends Entitlement continues but benefit is not payable Period for which jobseekers allowance is not payable One member of a joint-claim couple is sanctioned Entitlement does not end Consequential amendments Days that count as days of entitlement to contribution-based Jobseekers Allowance Days to be deducted from the sanction period Short periods of sickness Young persons Part week payments in sanction cases Hardship Jobseekers Allowance not paid because of a sanction Vulnerable groups Revision and supersession Appeals 18 19 20 - 22 23 11 12 13 14 - 16 17 Paragraphs 1 2-3 4 5 6 7-8 9 10

Annotations Contacts INTRODUCTION 1. This memo is being issued to give guidance on changes to be made to penalties imposed when a Jobseekers Allowance claimant fails to attend or fails to provide a signed declaration as directed 1. These are being brought in by The Jobseekers Allowance (Sanctions for Failure to Attend) Regulations (Northern Ireland) 2012 (S.R. 2012/44) and come into effect on 6.3.12.
1 (NI) Order , art 10; JSA Regs (NI), regs 23 & 23A; reg 24(6)

BACKGROUND 2. From 6.3.12 there will be 4 possible outcomes for claimants who fail to attend. Jobseekers Allowance entitlement 1. 2. 3. 4. 3. ends or is retained but is not payable for a period or does not end and Jobseekers Allowance continues to be payable at a reduced rate (joint-claim couples only) or does not end and Jobseekers Allowance continues to be payable at full rate.

Entitlement to Jobseekers Allowance will still end for those claimants who fail to provide a signed declaration in the appropriate manner. DEFINITIONS

4.

Working day means any day that the appropriate office is not closed 1. Relevant notification means a notification to the claimant of when and where they are to attend2 but which is not a notification to attend an employment programme or training scheme3.
1 reg 25(1A); 2 regs 23 & 23A; 3 reg 25(1A)

ENTITLEMENT ENDS 5. Entitlement to Jobseekers Allowance will end when 1. the claimant

1.1 1.2

fails to attend on the day and place specified in a relevant notification and fails to make contact with the Employment Officer in the manner set out in a relevant notification before the end of 5 working days, those 5 days beginning with the first working day after the day they failed to attend1 or

2.

the claimant 2..1 2.2 attends on the right day but at the wrong time and has been informed by the Employment Officer in writing that if they do not attend at the right time the next time they are required to attend then this may result in entitlement to Jobseekers Allowance ceasing or not being payable for a period and fails to attend at the right time on the next occasion and fails to make contact with the Employment Officer in the manner set out in the relevant notification before the end of 5 working days, those 5 days beginning with the first working day after the day they failed to attend at the right time2 or

2.3 2.4

3.

the claimant was required to provide a signed declaration and fails to do so on the day they were supposed to 3 and fails to make contact with the Employment Officer before the end of 5 working days after the day they fail to provide a signed declaration, those 5 days beginning with the first working day after the day they failed to provide a signed declaration4.

Note: See DMG 20956 and 20957 for when Jobseekers Allowance entitlement ends.
1 JSA Regs (NI), reg 25(1)(a); 2 reg 25(1)(b); 3 reg 25(1)(c); 4 reg 27

ENTITLEMENT CONTINUES BUT BENEFIT IS NOT PAYABLE 6. Entitlement to Jobseekers Allowance will continue but it will not be payable for a period where either1 1. the claimant 1.1 fails to attend on the day and place specified in a relevant notification and

1.2

makes contact with the Employment Officer in the manner set out in the notification before the end of 5 working days, those 5 days beginning with the first working day after the day they failed to attend and fails to show good cause for that failure 2or

1.3 2.

the claimant 2..1 attends on the day and at the place specified in a relevant notification but fails to attend at the correct time and has been informed by the Employment Officer in writing that if they do not attend at the right time the next time they are required to attend then this may result in entitlement to Jobseekers Allowance ceasing or not being payable for a period and fails to attend at the right time on the next occasion and makes contact with the Employment Officer in the manner set out in the notification before the end of 5 working days, those 5 days beginning with the first working day after the day on which they fail to attend at the correct time and fails to show good cause for that failure 3.
1 JSA Regs (NI), reg 27A(1); 2 reg 27A(2); 3 reg 27A(3)

2.2

2.3 2.4

2.5

Period for which jobseekers allowance is not payable 7. Where Jobseekers Allowance is not payable as in paragraph 6 above, it is not payable for a period of 1. 2. one week, where it is the first occasion that Jobseekers Allowance is not payable under paragraph 6 above 1 or two weeks, where it is the second or subsequent occasion during the same Jobseeking Period that Jobseekers Allowance is not payable under paragraph 6 above 2.
1 reg 27B(1)(a); 2 reg 27B(1)(b)

8.

The period will begin 1. where Jobseekers Allowance is paid other than fortnightly in arrears, on the day following the last benefit week in respect of which that allowance was paid1 or

2.

in any other case, on the first day of the week following the date Jobseekers Allowance is determined not to be payable as in paragraph 6 above2.
1 JSA Regs (NI), reg 27B(2)(a); 2 reg 27B(2)(b)

Example 1 Judith normally signs every fortnight on a Tuesday (her benefit week ending day) and is paid fortnightly in arrears. She is next due to attend on Tuesday 10 April 2012 but does not turn up. She goes to the office the next day on 11 April and provides a signed declaration. She explains that she had been away and lost track of the days and forgot she was due to attend. This is the first time that Judith has failed to attend in this Jobseeking Period. Judiths papers are passed for a decision to be made. On 13 April the decision maker decides that Judith has not shown good cause for her failure to attend on 10 April and so while her entitlement to Jobseekers Allowance will remain, it will not be payable for a week. The period of non payability will start on Wednesday 18 April 2012. Example 2 Phil normally attends the Jobs and Benefits Office every fortnight on a Thursday at 10:30am (his benefit week ending date) and is paid fortnightly in arrears. When he last attended on 12 April 2012 he did not turn up until 2:00pm. As a result the Employment Officer sent a letter to him saying that if he did not attend at the correct time on his next signing day then his Jobseekers Allowance may cease or not be payable for a period. On his next signing day on 26 April 2012, Phil arrives at the Jobcentre at 12:30 saying he overslept. He provides a signed declaration. His papers are referred to the decision maker who decides on 1 May that Phil has failed to attend at the correct time despite a written warning and he has not provided an explanation that shows good cause. This is the second occasion within the current Jobseeking Period that Phil has been sanctioned for failure to attend. His Jobseekers Allowance will therefore not be payable for a period of two weeks from 4 May 2012. ONE MEMBER OF A JOINT-CLAIM COUPLE IS SANCTIONED 9. A reduced amount of Jobseekers Allowance can be paid where only one member of a joint-claim couple is sanctioned 1 as in paragraph 6 above. To calculate the amount the guidance at DMG 34957 should be followed.
1 JSA Regs (NI), reg 74B

ENTITLEMENT DOES NOT END 10. Where the claimant has failed to sign a declaration in the manner set out in the notification1, entitlement to Jobseekers Allowance will not end and will continue to be payable at the full rate if the claimant 1. makes contact with an Employment Officer in the manner set out in the notification before the end of 5 working days, those 5 days beginning with the first working day after the day the claimant failed to provide a signed declaration and shows good cause for that failure2.

2.

Note: For guidance on good cause as it applies to this issue see DMG 20935 et seq.
1 JSA Regs (NI), reg 24(6) & (10); reg 25(1)(c); 2 reg 27

CONSEQUENTIAL AMENDMENTS Days that count as days of entitlement to contribution-based Jobseekers Allowance 11. DMG 21096 - 21097 provides guidance on when days can be counted as being days of entitlement to contribution-based Jobseekers Allowance even though no contribution-based Jobseekers Allowance may be payable. A day of sanction for a failure to attend in accordance with paragraph 6 above also counts towards the maximum of 182 days1.
1 reg 47(4)(b)(ii)

Days to be deducted from the sanction period 12. Guidance at DMG 34051 3.12 and 34052 3.12 include failed to attend as self imposed days to be deducted from the sanction period. From 6.3.12 these should not be included because failure to attend becomes a sanction in it's own right and does not end entitlement to Jobseekers Allowance. Short periods of sickness 13. Those claimants whose Jobseekers Allowance is not payable as in paragraph 6 above, can be added to those who can be treated as capable of work/not having limited capability for work for up to 2 weeks1 (see DMG 20961). This also applies to those claimants who are temporarily absent from Northern Ireland for the purpose of receiving National Health Service treatment abroad 2 (see DMG 20976) and whose Jobseekers Allowance is not payable as in paragraph 6 above.
1 reg 55(1)(a); 2 reg 55A(1)(a)

Young persons 14. DMG 21681 provides guidance on the circumstances where a young person is expected to actively seek employment and training. A young person whose Jobseekers Allowance has not been sanctioned in accordance with paragraph 6 above should actively seek employment or training1.
1 JSA Regs (NI), reg 65(5)

15. DMG 21829 describes what a Jobseekers Agreement must also contain for a young person in addition to the items listed at DMG 21826. A young persons Jobseekers Agreement should also include a broad description of when Jobseekers Allowance can be sanctioned in accordance with paragraph 6 above 1.
1 reg 66(1)

16. DMG 30840 advises that the personal allowance for young people should be reduced when they have been sanctioned in accordance with DMG Chapter 34. From 6.3.12 the reduction should also be applied where young people have been sanctioned in accordance with paragraph 6 above1.
1 reg 68

Part week payments in sanction cases 17. DMG 33229 - 33232 provides guidance on part week payments in sanction cases1. From 6.3.12 this guidance will include sanctions in accordance with paragraph 6 above.
1 reg 152(1)(c)

HARDSHIP Jobseekers Allowance not paid because of a sanction 18. DMG 35271 provides guidance on hardship payments that may be made when claimants who are in a vulnerable group are sanctioned. From 6.3.12 this guidance also applies to claimants who are sanctioned in accordance with paragraph 6 above. Vulnerable groups 19. DMG 35065 provides guidance on claimants that are in a vulnerable group even where the Disability Premium is not being paid because of a sanction. From 6.3.12 this guidance applies where the sanction is in accordance with paragraph 6 above.

REVISION AND SUPERSESSION 20. Decisions on whether Jobseekers Allowance is payable for any period because a sanction has been imposed can be revised at any time1. This includes a sanction imposed as in paragraph 6 above 2.
1 SS CS (D&A) Regs (NI), reg 3(6); 2 JSA Regs (NI), reg 27A

21. Where a decision has been made that Jobseekers Allowance is payable and subsequently it ceases to be payable because a sanction has been imposed that decision may be superseded 1. This includes a sanction imposed as in paragraph 6 above 2.
1 SS CS (D&A) Regs (NI), reg 6(2)(f); 2 JSA Regs (NI), reg 27A

22. The effective date of the decision 1 superseding the award as a result of a sanction being imposed as in paragraph 6 above is 1. where Jobseekers Allowance is paid otherwise than fortnightly in arrears2, on the day following the end of the last week in respect of which Jobseekers Allowance was paid or in any other case3, on the first day of the week following the date on which Jobseekers Allowance is determined not to be payable.

2.

1 SS CS (D&A) Regs (NI), reg 7(8)(za); 2 JSA Regs (NI), reg 27B(2)(a); 3 reg 27B(2)(b)

APPEALS 23. The decision that Jobseekers Allowance to which the claimant is entitled is not payable as per paragraph 6 above is an appealable decision1.
1 SS (NI) Order 98, Sch 3, para 3(da)

ANNOTATIONS Annotate the number of this memo (DMG Memo Vol 1/96, 4/111 & 6/73) against the following DMG paragraphs 03340, 04004, 04587, Volume 1 Annex D (main heading), 20909 (main heading), 20915, 20920, 20926, 20935, 20938, 20961, 20976, 21096, 21097, 21681, 21829, 30840, 34046, 34047, 34956, 35057, 35310.

CONTACTS If you have any queries about this memo please contact: Decision Making Services Section 1 Level 1 James House Gasworks Business Park Belfast Extension: 37191 DECISION MAKING SERVICES February 2012 Distribution: All Holders of DMG Volumes 1, 4 & 6