How to appeal unfair benefit and Universal Credit sanctions
BENEFIT sanctions can place already struggling families under even more financial pressure - but thankfully there’s ways you can appeal if you’ve been unfairly punished.
Around 2.3million people currently claim Universal Credit in the UK but families risk being plunged into debt if their benefits are cut unexpectedly.
There are several legitimate reasons for your money being sanctioned, should you fail to meet the responsibilities you agreed with the Department of Work and Pensions (DWP).
This can include failing to attend a work focused interview or not accepting a reasonable job offer.
But if you think your benefits have been stopped unfairly, there might be something you can do to appeal.
Universal Credit has been plagued with problems, with families unable to afford their food and bills during the five-week wait before you are enrolled onto the system.
This is why The Sun has launched its Make Universal Credit Work campaign last year to demand urgent action from the Government to help working people let down by the long wait time.
David Samson, welfare benefit specialist at Turn2us, said: "Appealing benefit decisions can seem like a complex and daunting affair, however we would encourage any claimant who feels that the sanction is wrong or unfair to pursue their challenge."
What to do if you have problems claiming Universal Credit
IF you're experiencing trouble applying for your Universal Credit, or the payments just don't cover costs, here are your options:
Apply for an advance - Claimants are able to get some cash within five days rather than waiting weeks for their first payment. But it's a loan which means the repayments will be automatically deducted from your future Universal Credit pay out.
Alternative Payment Arrangements - If you're falling behind on rent, you or your landlord may be able to apply for an APA which will get your payment sent directly to your landlord. You might also be able to change your payments to get them more frequently, or you can split the payments if you're part of a couple.
Budgeting Advance - You may be able to get help from the Government to help with emergency household costs of up to £348 if you're single, £464 if you're part of a couple or £812 if you have children. These are only in cases such as your cooker breaking down or for help getting a job. You'll have to repay the advance through your regular Universal Credit payments. You'll still have to repay the loan, even if you stop claiming for Universal Credit.
Cut your council tax - You might be able to get a discount on your council tax or be entitled to discretionary housing payments if your payments aren't enough to cover your rent.
Foodbanks - If you're really hard up and struggling to buy food and toiletries, you can find your local foodbank who will provide you with help for free. You can find your nearest one on the
What type of Universal Credit sanctions are there?
If your payments do get sanctioned, it means your money is reduced for a set period.
There are four different sanction levels which determine how long your money will be capped.
You can check if you've been sanctioned correctly using this link.
Lowest level
These apply only to those still in the work focused interview group.
Your benefit will be sanctioned at 40 per cent until you attend the interview, and you'll be sanction each time you fail to do so.
Low level
This type of sanction lasts until you complete whatever you failed to do, plus a further seven days if its your first low level sanction in 364 days, 14 days for your second, or 28 days for your third.
It applies if you failed to:
- Attend or take part in a work-focused interview, and a lowest sanction level does not apply
- Attend or take part in a training course
- Take a specific action to get paid work, or to increase your earnings from work
Medium level
Your first medium level sanction will see your money sanctioned for 28 days if its your first punishment of this sort in 364 days, or 91 days for your second.
Claimants can receive a medium level sanction if they don't complete:
- Work search requirement – and you fail to take all reasonable actions to find paid work or increase your earnings from work
- Work availability requirement – and you are not available to start work or attend interviews
Higher level
The most severe sanction level, your payments will be capped or stopped for 91 days for your first higher level sanction in 364 days or 182 days for your second.
This applies if you:
- Have to meet the "work preparation requirement" and you fail to take part in Mandatory Work Activity
- Have to meet the "work search requirement" and you fail to apply for a particular job when told to do so
- Have to meet the "work availability requirement" and you refuse a job offer
- Leave work or reduce your hours of work, whether voluntarily or due to ‘misconduct’ (while claiming Universal Credit or just before your claim)
The Sun wants to Make Universal Credit Work
UNIVERSAL Credit replaces six benefits with a single monthly payment.
One million people are already receiving it and by the time the system is fully rolled out in 2023, nearly 7million will be on it.
But there are big problems with the flagship new system - it takes five weeks to get the first payment and it could leave some families worse off by thousands of pounds a year.
And while working families can claim back up to 85 per cent of their childcare costs, they must find the money to pay for childcare upfront - we’ve heard of families waiting up to 6 months for the money.
Working parents across the country told us they’ve been unable to take on more hours - or have even turned down better paid jobs or more hours because of the amount they get their benefits cut.
It’s time to Make Universal Credit work. We want the Government to:
- Get paid faster: The Government must slash the time Brits wait for their first Universal Credit payments from five to two weeks, helping stop 7million from being pushed into debt.
- Keep more of what you earn: The work allowance should be increased and the taper rate should be slashed from from 63p to 50p, helping at least 4million families.
- Don’t get punished for having a family: Parents should get the 85 per cent of the money they can claim for childcare upfront instead of being paid in arrears.
Together, these changes will help Make Universal Credit Work.
Join our or email UniversalCredi[email protected] to share your story.
What should I do if I've been sanction incorrectly?
If you've been sanctioned unfairly, the first thing you must do is check the level of sanction and for how long your money has been reduced.
You'll then need to contact the DWP for a "mandatory reconsideration" if you think they've made the wrong decision.
Citizens Advice says you should have been told:
- Why you’ve received a sanction
- The level of sanction you’ve been given
- How long the sanction will last
- How much money will be taken away from your Universal Credit payment
- The date the sanction decision was made
For most benefits, you have one month from when you were notified about the sanction to apply for a "mandatory reconsideration".
However, it is still worth applying for one should you have missed the deadline for a good reason, such as being in hospital.
How do I ask for a "mandatory reconsideration"?
There are several ways you can apply for a "mandatory reconsideration" - just remember to include as much supporting evidence as possible.
If you have an online Universal Credit account, you can write a message to the DWP explaining why you disagree with the decision.
You can also print off and fill out the on GOV.uk but remember to allow time for your letter to get to the DWP ahead of your deadline window.
You can also call the Universal Credit helpline on 0800 328 5644.
Letters should be sent to from the HM Courts and Tribunals Service website.
The form will ask for you:
- Name and contact details
- National Insurance number
- Reasons for appealing
Send this, along with the outcome of your "mandatory reconsideration" of which you should have received two copies, to: HMCTS Appeals Centre,
PO Box 1203, Bradford, BD1 9WP.
HMCTS will check the form and ask the DWP for their response to your appeal within 28 days.
MORE ON MONEY
Still struggling to understand Universal Credit? We've explained what a Universal Credit advance payment is, how you apply for it and when you pay it back.
Plus here's how you log in to Universal Credit and what the benefits are.
And this is how to check you’re not missing out on thousands of pounds in benefits and Universal Credit.