Universal Credit Journal FAQ’s

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Universal Credit Journal FAQ’s

Post by El-dudeareno on Tue Mar 20, 2018 2:23 pm

I’ve been thinking does anyone have any information about the Universal Credit Journal. As I see this journal is being championed by the Work Roaches in my JCP. So I am trying to get a head of the curve on this issue? I was wondering if there is anyone out there with more knowledge on this new UC journal, in the forms of FOI request etc?  Thanks   Basketball
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Re: Universal Credit Journal FAQ’s

Post by Brutus on Wed Mar 21, 2018 12:13 pm

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Re: Universal Credit Journal FAQ’s

Post by El-dudeareno on Wed Mar 21, 2018 1:17 pm

Thanks @Brutus Laughing .  From your posting it still confusing to me of the dwp's replies, that they are being vague about the UC-Journal. Or maybe it is me just being moronic....


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Re: Universal Credit Journal FAQ’s

Post by Non Deficere on Mon Mar 26, 2018 12:38 pm

In summary:

A work focused interview can take place within the UC Journal.

Evidence of compliance may be specified by the work coach, which might include using the UCJ. The manner is the medium, the particular way will be different for every person

However, any work related requirement must be appropriate, reasonable and achievable taking into account individual circumstances as well as DWP guidance and relevant laws i.e. DPA.

A sanction may be applied for failing to comply with a requirement under section 23(1), (3) or (4) (connected requirements: interviews and verification of compliance).

Requirements can be revised/revoked.


References:

23Connected requirements
(1)The Secretary of State may require a claimant to participate in an interview for any purpose relating to—
(a)the imposition of a work-related requirement on the claimant;
(b)verifying the claimant’s compliance with a work-related requirement;
(c)assisting the claimant to comply with a work-related requirement.
(2)The Secretary of State may specify how, when and where such an interview is to take place.
(3)The Secretary of State may, for the purpose of verifying the claimant’s compliance with a work-related requirement, require a claimant to—
(a)provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;
(b)confirm compliance in a manner so specified.

(4)The Secretary of State may require a claimant to report to the Secretary of State any specified changes in their circumstances which are relevant to—
(a)the imposition of work-related requirements on the claimant;
(b)the claimant’s compliance with a work-related requirement.

24Imposition of requirements
(1)Regulations may make provision—
(a)where the Secretary of State may impose a requirement under this Part, as to when the requirement must or must not be imposed;
(b)where the Secretary of State may specify any action to be taken in relation to a requirement under this Part, as to what action must or must not be specified;
(c)where the Secretary of State may specify any other matter in relation to a requirement under this Part, as to what must or must not be specified in respect of that matter.
(2)Where the Secretary of State may impose a work-focused interview requirement, or specify a particular action under section 16(1) or 17(1)(b), the Secretary of State must have regard to such matters as may be prescribed.
(3)Where the Secretary of State may impose a requirement under this Part, or specify any action to be taken in relation to such a requirement, the Secretary of State may revoke or change what has been imposed or specified.
(4)Notification of a requirement imposed under this Part (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Secretary of State may determine.
(5)Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—
(a)a requirement imposed on that claimant under this Part ceases to have effect for a period of 13 weeks, and
(b)the Secretary of State may not impose any other requirement under this Part on that claimant during that period.
(6)For the purposes of subsection (5)—
(a)“domestic violence” has such meaning as may be prescribed;
(b)“victim of domestic violence“ means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (5) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);
(c)a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.

25 Compliance with requirements
Regulations may make provision as to circumstances in which a claimant is to be treated as having—
(a)complied with or not complied with any requirement imposed under this Part or any aspect of such a requirement, or
(b)taken or not taken any particular action specified by the Secretary of State in relation to such a requirement.

http://www.legislation.gov.uk/ukpga/2012/5/part/1/chapter/2/crossheading/workrelated-requirements-supplementary

Low-level sanction
104.—(1) This regulation specifies the reduction period for a sanctionable failure under section 27 of the Act (other sanctions) where —
(a)the claimant falls within section 21 (claimants subject to work preparation requirement) or 22 (claimants subject to all work-related requirements) of the Act on the date of that failure; and
(b)it is a failure to comply with—
(i)a work-focused interview requirement under section 15(1),
(ii)a work preparation requirement under section 16(1),
(iii)a work search requirement under section 17(1)(b) (to take any particular action specified by the Secretary of State to obtain work etc.), or
(iv)a requirement under section 23(1), (3) or (4) (connected requirements: interviews and verification of compliance).

https://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/104

15Work-focused interview requirement
(1)In this Part a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Secretary of State.
(2)A work-focused interview is an interview for prescribed purposes relating to work or work preparation.
(3)The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Secretary of State that the claimant will obtain paid work (or more paid work or better-paid work).
(4)The Secretary of State may specify how, when and where a work-focused interview is to take place.
http://www.legislation.gov.uk/ukpga/2012/5/section/15/enacted


K 1 0 4 4 A c o m pli a n c e  co n diti o n  c a n b e
1. a n y w or k-r el at e d r e q uir e m e nt or c o n n e ct e d r e q uir e m e nt 1 or
2. a s u b s e q u e nt or diff er e nt r e q uir e m e nt w h er e t h e ori gi n al r e q uir e m e nt i s n o l o n g er a p pr o pri at e or r e a s o n a bl e, i. e. t h e cl ai m a nt f all s o ut of t h e All W or k R el at e d R e q uir e m e nt s gr o u p i nt o t h e W or k pr e p ar ati o n c o n diti o n alit y gr o u p .
N ot e 1: T h e cl ai m a nt m u st al w a y s b e i n a p o siti o n t o b e a bl e t o a c hi e v e t h e r e q uir e d a cti o n b y t h e d e a dli n e d at e s et. T h e r e q uir e m e nt s h o ul d b e r e a s o n a bl e, a p pr o pri at e a n d a c hi e v a bl e i n t h e cl ai m a nt’ s i n di vi d u al cir c u m st a n c e s.
N ot e 2: F or g ui d a n c e o n d e ci di n g w h e n t h e cl ai m a nt h a s c o m pli e d wit h a c o m pli a n c e c o n diti o n s e e g ui d a n c e at
K 1 0 4 6 a n d f or g ui d a n c e o n v ar yi n g t h e c o m pli a n c e c o n diti o n s e e g ui d a n c e at K 1 0 4 9 1 W R Act 1 2, s 2 7( 5)( a); 2 s 2 7( 7)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/687082/admk1.pdf


Last edited by Non Deficere on Tue Mar 27, 2018 8:05 am; edited 1 time in total
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Re: Universal Credit Journal FAQ’s

Post by El-dudeareno on Mon Mar 26, 2018 2:01 pm

Thanks for the reply Non-Def

K 1 0 4 4 A  compliance  condition can be
1. any  work-related requirement or connected requirement 1 or
2. a subsequent or different requirement where the original requirement is no longer appropriate or reasonable, i. e. the claimant falls out of the All Work Related Requirements group into the Work preparation conditionality group .




Note 1: The claimant must always be in a position to be able to achieve the required action by the deadline dates etc. The requirement should be reasonable, appropriate and achievable in the claimant’ s individual circumstances.
Note 2: For guidance on deciding when the claimant has complied with a compliance conditionse eg uidanceat
K 1 0 4 6  and for guidance on varying the compliance conditionsee guidance at K 1 0 4 9 1 W R Act 1 2, s 2 7( 5)( a); 2 s 2 7( 7)


Disclaimer: I have tidied the last bit of text from your post , sorry if anything is wrong?

There is a lot of “appropriate or reasonable,” terminology  in the dwp text?

“Note 1: The claimant must always be in a position to be able to achieve the required action by the deadline dates etc. The requirement should be reasonable, appropriate and achievable in the claimant’ s individual circumstances. “


However, who gets to set the ‘deadlines’for these tasks, as well all know with some work roaches they do like to make the rules up as they go along. And type it into their computer system of what they want, and then it is taken as agreed by the claimant and the work-roach when sometime it isn't?  


A further point is there an allowances for 'technological issues' from both sides. As a claimant could end up an sanction due to no fault of there own due to IT problems?



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Re: Universal Credit Journal FAQ’s

Post by Non Deficere on Mon Mar 26, 2018 6:18 pm

El-dudeareno wrote:Thanks for the reply Non-Def

K 1 0 4 4 A  compliance  condition can be
1. any  work-related requirement or connected requirement 1 or
2. a subsequent or different requirement where the original requirement is no longer appropriate or reasonable, i. e. the claimant falls out of the All Work Related Requirements group into the Work preparation conditionality group .




Note 1: The claimant must always be in a position to be able to achieve the required action by the deadline dates etc. The requirement should be reasonable, appropriate and achievable in the claimant’ s individual circumstances.
Note 2: For guidance on deciding when the claimant has complied with a compliance conditionse eg uidanceat
K 1 0 4 6  and for guidance on varying the compliance conditionsee guidance at K 1 0 4 9 1 W R Act 1 2, s 2 7( 5)( a); 2 s 2 7( 7)


Disclaimer: I have tidied the last bit of text from your post , sorry if anything is wrong?

There is a lot of “appropriate or reasonable,” terminology  in the dwp text?

“Note 1: The claimant must always be in a position to be able to achieve the required action by the deadline dates etc. The requirement should be reasonable, appropriate and achievable in the claimant’ s individual circumstances. “


However, who gets to set the ‘deadlines’for these tasks, as well all know with some work roaches they do like to make the rules up as they go along. And type it into their computer system of what they want, and then it is taken as agreed by the claimant and the work-roach when sometime it isn't?  


A further point is there an allowances for 'technological issues' from both sides. As a claimant could end up an sanction due to no fault of there own due to IT problems?




Thanks El-Dude for taking the time to post the ADM info.  I lost the will to do so!  

There is never going to be an unequivocal response by DWP to the question regarding the use of the UCJ, because not all claimants will be able to use it.

The Prior Information Requirement is relevant if you disagree with the work related activity suggested by your work coach:

Reference:

K1151+

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/687082/admk1.pdf

You cannot be sanctioned if the UCJ fails.
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Re: Universal Credit Journal FAQ’s

Post by El-dudeareno on Tue Mar 27, 2018 2:05 pm

Here are some good FOI's with regards  to the UC  that might be of use to some people.   Arrow


https://www.whatdotheyknow.com/request/uc_job_search_evidence_format#incoming-1115310
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Re: Universal Credit Journal FAQ’s

Post by Non Deficere on Wed Mar 28, 2018 6:03 pm

El-dudeareno wrote:Here are some good FOI's with regards  to the UC  that might be of use to some people.   Arrow


https://www.whatdotheyknow.com/request/uc_job_search_evidence_format#incoming-1115310

Thanks for the link El-Dude

“DWP has been clear that there is no specific information or legal requirements that
compels all Universal Credit claimants, in every case, to use the journal."

Does this mean that some people can be compelled to use it?

This reminds me of the vague language used when Universal Jobmatch was launched.  To this day, it is not mandatory to use UJM when claiming JSA, however the majority have created a profile, given access and use it.

DWP has endeavoured to fix all the errors following successful appeals (including my own) i.e. security, quality of jobs, scrutiny of new employers, change of search engine and removal of the Government Gateway, making it more difficult for people to appeal particularly for the UC work search requirement within the UC claimant commitment.

The Human Rights Act can no longer assist at a First Tier Tribunal.

I wonder how long it well be before administration processes are designed to make the use of UC Journal "mandatory".  For example, JSA claimants are entitled to travel expenses if the attend the Jobcentre/more frequently than fortnightly.  There is no provision at this time to pay expenses to UC claimants.  How many people can afford circa £3-10 (each visit) to attend the Jobcentre daily/weekly?

Claimants can still present their work search as they wish, but it must be uploaded to the UCJ unless an individual has particular circumstances!?

Relevant information:

Evidence and information in connection with a claim
37.—(1) Subject to regulation 8 of the Personal Independence Payment Regulations, paragraphs (2) and (3) apply to a person who makes a claim for benefit, other than a jobseeker's allowance, or on whose behalf a claim is made.
(2) The Secretary of State may require the person to supply information or evidence in connection with the claim, or any question arising out of it, as the Secretary of State considers appropriate.
(3) The person must supply the Secretary of State with the information or evidence in such manner as the Secretary of State determines within one month of first being required to do so or such longer period as the Secretary of State considers reasonable.

http://www.legislation.gov.uk/uksi/2013/380/regulation/37

Evidence and information The policy intent that a person shall provide the necessary information and evidence in order to determine their claim is unchanged, as is the requirement to notify the Department of changes of circumstances. This is carried forward to the proposed new regulations [CP 36, 37].
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/324114/uc-pip-claims-payments-draft-regs-2012-memorandum.pdf

26 MARCH 2018, 09:59 AM
rightsnet wrote:and reg 37 of the UC (C&P) regs demands that information is provided “in such manner as the Sec State determines” so they are at discretion to refuse to accept it.

https://www.rightsnet.org.uk/forums/viewthread/12303/

https://www.whatdotheyknow.com/request/universal_credit_information_and#incoming-1133740
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