Page 50 - Reforming Benefits Decision-Making

accepted, claimants can be sanctioned. From April 2021 claimants can also
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be sanctioned if they fail to attend their appointment to update their claimant
commitment. However, up to January 2021, when the latest DWP statistics
are available, there have been no new Job Seekers Allowance, ESA or Income
Support sanctions. This is likely due to the migration of individuals to UC.
There have also been very low numbers of UC sanctions since the suspension
ended, although they are beginning to rise again (albeit remaining at
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historically low levels). This is likely in part due to the time it is taking to
update the claimant commitments and in part because of new procedures the
DWP has put in place for making a sanction decision (which are discussed
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further below).
2.56 The sanctions regime requires work coaches and decision-makers to exercise
their discretion and judgment on numerous occasions:

a) Work coaches decide what requirements to put in the claimant
commitment (which are then agreed and accepted by the claimant).
b) Work coaches decide whether to apply easements – these reduce or
switch off a claimant’s conditionality for a period of time. Whilst some
easements are legal requirements, others are discretionary where it is
unreasonable to expect a claimant to complete their requirements for a
period of time.
c) Work coaches consider whether a claimant has ‘good reason’ for failure
to comply with the claimant commitment and decide whether to refer
them to the decision-maker for a sanction decision.
d) Decision-makers decide whether the claimant’s actions were reasonable
and therefore whether to impose a sanction.

2.57 Although work coaches and decision-makers are provided with training and
guidance which they are meant to follow when they make their decision, as
we set out below, it appears that this discretion and judgment is not being
applied consistently and is not always being applied fairly. However,
currently the DWP does not collect data on the application of discretion in

125 SSAC, A review of the Covid-19 temporary measures (see n.12 above) p.13.
126 DWP, ‘Benefit sanctions statistics to January 2021 (experimental)’ (May 2021).
127 D. Webster, Benefits Sanctions Statistics Briefing February 2021 (March 2021).

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