Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
Several people I know have been sanctioned by the Benefits Agency. This means having
your benefits withdrawn for six months.
The Government states you need £52.50 per week to live on. Are they breaking their own
legislation?
These people are desperate and are being threatened with eviction.
Answer :-
The Benefits Agency are legally entitled to withdraw benefits in certain
circumstances.
The most obvious example would be when it has been shown that benefits are being
claimed wrongly... by people who say they are not working when they are, who fail to
declare earnings, who fail to disclose that they are living with someone who is working
etc.etc.
The Agency is also able to withdraw benefits in circumstances where they believe the
individual involved is blatantly not making any effort to find work.
In fairness to the Agency it has to be said that they make limited use of this power.
Your letter does not make clear the circumstances in which benefit is being withdrawn
but what I would say is that if someone believes they are being unfairly treated they can
take the matter to appeal. Advice can also be sought from the Citizens Advice Bureau and
most major local firms of solicitors have welfare benefit specialist who may be able to
help.
If you feel that the whole system is unfair then you should raise it with your MP and
now is the time to do it. You may find that he or she is particularly receptive to
representations at the moment!
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