ESA: Massive Increase In Sanctions

Many thanks to Benefits And Work.

Employment and support allowance (ESA) claimants in the work-related activity group (WRAG) are being subjected to a massively increased sanctions regime that deliberately targets the most vulnerable. Sanctions, primarily aimed at claimants on the work programme who have mental health conditions or learning difficulties, have quadrupled in the course of a year, even though referrals to the programme have fallen by 43%.

The number of sanctions rose from 1,102 a month in December 2012 to 4,789 a month in December 2013, the most recent date figures are available for.

The vast majority of sanctions are imposed for failing to participate in work-related activity whilst on the work programme, which thousands of ESA claimants are forced to join every month in spite of overwhelming evidence that it does not improve their chances of getting a job.

The massive rise in sanctions, however, cannot be explained by a sudden huge surge in the number of claimants in the WRAG.

In fact, the number of claimants in the WRAG increased by just 21% between November 2012 to November 2013, from 460,160 to 558,960.

Indeed, between August and November 2013 the number of claimants in the WRAG actually fell slightly, from 562,620 to 558,960. Yet the number of claimants sanctioned in this period shot up by a staggering 75% from 2,193 to 3,837.

Nor can the rise in sanctions be explained by a corresponding increase in the numbers of ESA claimants being forced onto the work programme.

In fact, the rate at which ESA claimants get pushed onto the work programme has fallen dramatically over the same period. 8,290 claimant were put onto the work programme in December 2012. This fell to just 4,700 in December 2013, a drop of 43%.

Yet sanctions increased fourfold.

And the main targets of those sanctions are claimants with mental health conditions or learning difficulties. Back in April we pointed out that the proportion of this group receiving a sanction had risen from 35% of sanctioned claimants in 2009 to a massive 58% by June 2013.

That figure has now increased again to 62% in December 2013, even though claimants with these conditions make up just 50% of the work-related activity group.

Also back in April the DWP told us:

“It’s only right that people should do everything they can to move off benefits and into work if they are able. Sanctions are only used as a last resort and we have robust procedures in place to protect vulnerable people, with a number of safeguards built into the system.

Yet many people will wonder, if sanctions are only being used as a last resort, what possible explanation there can be for the sudden massive increase in the number being handed out?

And if safeguards are built into the system, why are claimants with mental health conditions increasingly over-represented on the roster of sanctioned individuals?

The DWP also told us in April:

“Everyone has the right to appeal a sanction decision if they disagree with it.”

Which is entirely true. But a Citizens Advice Scotland report on sanctions released yesterday reveals that “many people who are hit by a sanction are not told the reason for it, or how to appeal against it”.

The DWP have good reason to keep people in the dark about their appeal rights. According to the ‘Fulfilling potential? ESA and the fate of the work-related activity group’ report released last month by Mind, tribunals now uphold almost nine out of ten ESA and JSA sanctions appeals.

Such a huge proportion of overturned decisions is ample proof of the savagery of the sanctions regime. But for many people, especially vulnerable claimants suddenly struggling to survive on drastically reduced benefits and no longer able to get legal aid for help with tribunals, coping with the complex new appeal system is an impossibility.

According to the Mind report, written by Catherine Hale, – herself an ESA claimant:

“ . . . findings suggest that the regime of conditionality and sanctions has left participants in the WRAG fearful , demoralised and further away from achieving their work-related goals or participating in society than when they started.”

The report also found that in 87% of cases of claimants failing to participate in a mandatory work-related activity, the reason was related to their health condition, including 19% who had missed an activity because of a medical appointment.

Such cynical targeting of vulnerable claimants is clearly counter-productive in terms of moving them off benefits and into work.

But there is one very likely explanation for the increasing use of sanctions.

Leaked documents obtained by the BBC last month revealed that the DWP expect the cost of ESA to rise by almost £13bn by 2018/19. The documents warn that the increase is “one of the largest fiscal risks currently facing the government” and could cause it to breach its self-imposed benefits cap.

One of the documents also warns that, in terms of cutting costs, there is “not much low-hanging fruit left”.

ESA claimants with mental health conditions are, however, one remaining low-hanging fruit that IDS and his increasingly vicious and shambolic department are determined to pluck as heavily and as quickly as they possibly can.