ADM: Work Experience when claiming Universal Credit

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ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Thu Mar 22, 2018 3:44 am

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Tue Aug 07, 2018 9:38 am

The letter dated 2011 and posted on twitter regarding mandatory work experience is unlawful:

https://twitter.com/mrfrankzola/status/1026470712314408960/photo/1
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Re: ADM: Work Experience when claiming Universal Credit

Post by ABC on Fri Aug 10, 2018 12:14 pm

Non Deficere wrote:Useful information:

K5034, Note 2

K5041
K5042
K5043

K5060 +

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/687084/admk5.pdf

I don't know what the implications are but sections K5026 to K5050 have been deleted?
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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Fri Aug 10, 2018 7:12 pm

ABC

I don't think the missing sections have any impact on the overall conclusion, which is, participation in work experience is voluntary for JSA and UC claimants.
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola on Sat Aug 11, 2018 7:46 pm

Non Deficere wrote:ABC

I don't think the missing sections have any impact on the overall conclusion, which is, participation in work experience is voluntary for JSA and UC claimants.

Term "participation", is about actually undertaking Work Experience (WE)
(doing zero-wage labour at risk of sanctions).

The DWP argue that WE is 'voluntary', but this neglects the many instances outlined in ADMs https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide K5 specifically https://docs.google.com/viewer?url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/720679/admk5.pdf that clearly say a sanction can apply when WE is not "started" or "tried", or "undertaken" in terms of the Welfare Reform Act (2012) Sec 16(3)(e) http://www.legislation.gov.uk/ukpga/2012/5/section/16/enacted.

Once a UC claimant 'agrees' to WE, it can be added to a Claimant Commitment as a mandatory Work Preparation requirement. (Per Sec 16(3)(e))

And if a 'Work Coach' considers WE would be 'good' for a claimant they have many coercive tools to use if declined.

As with the 'Charter Against Workfare' https://mrfrankzola.wordpress.com/charter/ I take the view that WE experience via the DWP has to be "entirely" voluntary. The mass withdrawal of supermarkets from offering DWP WE like Tesco's was based upon companies wanting ALL sanctions to be removed from WE.

More than 600 charitable orgs signed the 'Keep Volunteering Voluntary' agreement on the basis that WE does include sanctions and they refused (promised) not to offer the DWP WE placements. This video* https://www.youtube.com/watch?v=omquqPZ8b1E shows how the DWP defines 'voluntary' WE and the blog https://www.latentexistence.me.uk/mandatory-unpaid-work-the-evidence/ gives more details.

*When watching/listening to the video, listen to the interviewers references and questions relating to the word "start". Listen from 1.44 mins, noting: "there's nothing voluntary about that is there"?

An analogy would be the military quip 'never volunteer', as you may get the ultimate sanction: death

The Canary article https://www.thecanary.co/uk/analysis/2018/08/04/the-dwp-will-pay-out-almost-2m-after-breaching-thousands-of-peoples-human-rights/ was formally corrected because the author implied WE was entirely voluntary.

Some K5 extracts

   “Secretary of State can mandate the claimant to apply for, attend & start a work experience placement as part of a work preparation requirement

   K5123 Work experience

   If the claimant fails to …

   2. start the work experience, a low level sanction could apply if the claimant cannot show a good reason for the failure.

   Example 1
   Nicky notified of the start date, time and place of a work experience placement in a supermarket.
   She fails to turn up to start the placement as she says she didn’t fancy working in a supermarket.
   She didn’t think it would be for her.
   The DM considers Nicky does not have a good reason for not starting the work experience and imposed a low level sanction.    The DM considers it would have been reasonable for Nicky to have at least tried the placement before deciding it wasn’t for her”
   Source: DWP – ‘Chapter K5 : Low–level sanctions‘ – Undated – Last update 26 April 2018 – Accessed 06/8/18 [emphasis added] – Archive copy of K5 (pdf )
https://mrfrankzola.wordpress.com/2018/08/06/universalcredit-workfare-is-mandatory-and-not-voluntary-discuss/

"Workfare schemes force unemployed people to carry out unpaid work or face benefit sanctions that can cause hardship and destitution." https://mrfrankzola.wordpress.com/against-workfare-for-volunteering/

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Re: ADM: Work Experience when claiming Universal Credit

Post by Non Deficere on Sun Aug 12, 2018 8:23 am

I understand that little has improved since the Cait Reilly case and several thousand claimants have been sanctioned unlawfully due to the failures of the Secretary of State.

People have not been provided with adequate or quality prior information, which includes telling the claimant that participation in work experience (WE) is entirely voluntary.  Further, the notices must clearly and specifically describe what is expected.  A member here was sanctioned for 3 years and won his case due to the issue of unlawful MWA notices.

http://respectfulbenefits.forumotion.com/t372-another-tribunal-success
http://respectfulbenefits.forumotion.com/t332-tribunal-success

Universal Credit claimants can be mandated to attend an interview/information session to find  out more about the WE 'opportunity' and given a start date, but the claimant must be notified that they do not have to participate.

What does giving it a try mean?

I would like to see a copy of the notice and any other written information provided to UC claimants.
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Re: ADM: Work Experience when claiming Universal Credit

Post by MrFrankZola Today at 11:03 pm

Rather than "start" the word used in legislation is "undertaking":

Commit oneself to and begin (an enterprise or responsibility); take on.
https://en.oxforddictionaries.com/definition/undertake


Section 16 (3)(e) of the Welfare Reform Act (2012)
16 Work preparation requirement
(3)Action which may be specified under subsection (1) includes in particular—
(e)undertaking work experience or a work placement;
http://www.legislation.gov.uk/ukpga/2012/5/section/16

This FOI:
https://www.whatdotheyknow.com/request/dwp_concerns_about_youth_obligat#outgoing-804359
about DWP own concerns about applying work experience related sanctions to the Youth Obligation, whilst noting:


'Chapter K5 : Low–level sanctions':


Youth Obligation
(At six months of unemployment on UC)


Participating in a sbwa

K5066 ... "Whilst their decision to take part in the work experience
placement is voluntary, if they agree to a placement they will be expected to start. If
they fail to start, without good reason a sanction will apply"

Traineeships

K5069 ... "Whilst their decision to take part in the work
experience placement is voluntary, if they agree to a placement they will be expected
to start. If they fail to start for no good reason a sanction will apply"
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720679/admk5.pdf

To April 2018, 253 UC sanction referrals made for

'failure to undertake work experience or a work placement'

Using https://stat-xplore.dwp.gov.uk
Discussed at https://mrfrankzola.wordpress.com/2018/08/20/universalcredit-workfare-253-benefit-sanctions-to-april-2018/

Claimant scenario

UC claimant formally 'volunteers' to undertake work experience (WE) and they agree for to be added to their
claimant commitment as a 'work preparation requirement'.

Claimant given a notification letter with details of the start date, employer and location of the WE and the legislation that applies and the sanctions for not undertaking it. (still working on getting copies of notification letters)

Claimant now does not want to undertake WE and has no 'good reason' for not wanting to, how can they show they undertook the placement but then decided it was not for them and then end it without a risk of a sanction?

The DWP exchange the word "undertaking" for 'start', so the conundrum is what constitutes 'start' and 'undertake' in the
context of WE and how can such then be used to avoid a sanction?

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