Skip navigation | Skip to footer
 

Conditionality and Sanctions in the Welfare Bill

18 January 2012

Introduction to conditionality in the Bill

Conditionality and Sanctions (Adobe Acrobat Document 59kb)

The Welfare Reform Bill sets out a series of proposals to increase the level of sanctions, the way that sanctions are applied and the range of things which an individual can be sanctioned for.

The proposals aim to introduce a tougher yet clearer system with less discretion around the length of time a sanction applies for. For example: whereas in the current regime a Jobseeker’s Allowance claimant can face a sanction of up to 26 weeks, the Bill proposes sanctions of fixed lengths depending on the type of failure and whether it is the claimant’s first, second or third.

The Bill divides claimants into four conditionality groups:

The Bill sets out four levels of sanction. The highest level sanctions are for three months for the first failure to comply; six months for the second and three years for the third. Only claimants subject to ‘all work-related requirements’ - currently those on JSA - will be subject to the highest two levels of sanction. Refusing to apply for a job, accept a job offer or leave a job voluntarily, would result in a high level sanction. Low level sanctions are primarily about failure to attend appointments and continue until attendance, with an additional one week for a first failure, two weeks for a second and four weeks for a third failure.

As a group of organisations we welcome the greater clarity about what ‘failures’ will result in which consequences – it is the experience of many of our clients and advisers that the length of a sanction for JSA claimants varies considerably. We recognise the importance of a benefits system which has a balance of rights and responsibilities. However, we have a number of concerns with the current sanctions regime which we believe will be made worse by the reforms in the Bill. This briefing outlines our concerns, suggests amendments and provides case studies to illustrate the problems.