actively seeking work: Sector Based Work Academy (SBWA)

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actively seeking work: Sector Based Work Academy (SBWA)

Post by Admin on Sun May 21, 2017 9:07 pm

Originally posted by Mary responding to Swim:

Swim wrote:

Im so glad I saw this thread today as could do with some help.

There's someone I know has been 'sent' on a work experience opportunity' to a local charity by jobcentre staff.....( he's JSA post work programme, has been couple of years now)
He was told that it was mandatory to attend the placement otherwise he would receive a sanction. No  written notification/ letter /paper work etc just told he had to do it for  8 weeks 30 hours a week
Something didn't sound right and from the information here ( thanks Mary) it appears that he has been 'mislead'!
*My friend suggested the placement himself as an alternative to being mandated to MWA in a warehouse
This is obviously a better alternative for him( though still work fare and under threats of sanction real or not)
However he was also told that he must still look for work each week ' as normal'!
Reading the regs it would seem that he can't be treated as actively seeking work :
JSAllowance regs 1996 Reg 19 allows that a claimant can be treated as actively seeking work
19(1)(q) in any week during which he is participating for not less than 3 days in an employment or training programme (other than Work Experience)
http://lawvolumes.dwp.gov.uk/docs/a11-4001.pdf

So how reasonable is this?
Any ideas and on how and if he can challenge  it?

Hi Swim

This is another example of DWP's fraudulent conduct!

If the person concerned has not been issued with a mandate to attend MWA or CWP it is not a mandatory scheme and they can leave when they choose to do so.

In regards to job search

Time engaged in other activities
21648 Claimants who take part in one or more of the activities in DMG 21634 7. do not
have as much time available to them to seek employment as other claimants.
Claimants are not expected to give up these activities so that they can devote more
time to seeking employment. The time they spend engaged in these activities
should be taken into account when deciding what steps they could reasonably be
expected to take in that week.
21649 The DM should find out the precise times that the claimant was engaged in the
activities in DMG 21634. Those activities may affect the claimant's ability to take
those steps that can usually only be taken during normal office hours, for example
visiting employment agencies, the Jobcentre Plus office or prospective employers.

I note the folks over on rightsnet have experienced difficulties determining whether work experience is mandatory or not.  It isn't!
http://www.rightsnet.org.uk/forums/viewthread/8960/

Can you verify if any paperwork was issued in regards to  the sector-based work academy ?

The work placement is still not mandatory (the Cait Reilly case):

Note 2: Participation in the sbwa is voluntary, but once a claimant has agreed to
participate in the scheme, they are then mandated to attend the training element
and guaranteed job interview. The work experience element of sbwa is not
mandatory
. The only reason a claimant could be sanctioned for a failure to take part
in the work experience element of the scheme is if the claimant lost the place due to
gross misconduct (see further guidance at DMG 34921). If the sbwa provider offers
employment following the guaranteed job interview but the claimant refuses, the DM
should consider whether the claimant was correctly notified of the vacancy by an
Emp O (see DMG 34723).[/quote]
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