High success rate in ESA sanction challenges

Tue,11 August 2015
News Benefits

New DWP statistics show that almost 67,000 sanctions applied to employment and support allowance claimants under new regime

In the statistical release 'Jobseeker’s Allowance and Employment and Support Allowance sanctions: decisions made to March 2015', published today, the DWP sets out figures for both jobseeker's allowance (JSA) and ESA sanctions.

For people on ESA, all of whom are living with health conditions or disabilities, the figures tell a dramatic story. Not only were over 56,000 disabled people sanctioned for not complying with a work programme that is completely discredited - everyone acknowledges it is failing disabled people. That is bad enough. But the decisions were not even fair in the terms of the system itself: when the decisions were reviewed, 20,400 decisions were overturned, out of 45,774 – ie nearly half the decisions were overturned once reviewed.

This sanction regime is broken and unfair. It leads to real hardship and fear amongst disabled people – and all for what? Very few disabled people on ESA have moved into employment. 

Key findings

In respect of ESA claimants, the statistics show that in the period from 3 December 2012 - when the new ESA sanctions regime was introduced - to 31 March 2015, the total number of adverse sanction decisions was 66,846 and of these:

  • 10,548 were applied for failure to attend a mandatory interview; and
  • 56,304 were applied for failure to participate in work related activity.

Reporting on the results of challenges, the statistics show that -

  • 45,774 decisions were reviewed - in 20,400 cases the decision was overturned;
  • 1,671 decisions underwent a mandatory reconsideration - in 1,207 cases the decision was overturned; and
  • 560 decisions were appealed - in 168 cases the decision was overturned.

The DWP statistical release Jobseeker’s Allowance and Employment and Support Allowance sanctions: decisions made to March 2015 is available from gov.uk