work preparation requirement

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work preparation requirement

Post by Admin on Sun May 21, 2017 9:47 pm

Originally posted by FlyingVisitor, responding to Swim:

Swim wrote:Is this also the case for universal credit?

The guidance below seems to be suggesting it's only voluntary if your doing it as part of a mandatory employment programme and NOT if your WC mandates you via your CC.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/506245/admk5.pdf

Work experience

K5050 A low–level sanction can be imposed where the claimant fails to comply with a work preparation requirement specified by the Secretary of State which includes undertaking work experience or a work placement1.

1 WR Act 12, s 16(3)(e); UC Regs, reg 104(1)(b)(ii)

K5051 In UC legislation there is no definition of work experience. However participation in work experience may be required
1. by way of a work preparation requirement or
2. as part of participation in a mandatory employment scheme such as the Work
Programme or sector-based work academies.
Note 1: There is no work experience element for the MWA scheme, instead there is a work placement for community benefit. For guidance on the MWA scheme see ADM Chapter K3 – Higher-level sanctions.
Note 2: Also see the guidance in ADM Chapter K3 – Higher-level sanctions if the placement is a paid work trial.

K5052 Participation in a work experience opportunity as part of a mandatory employment programme such as the Work Programme will be voluntary and claimants who leave or lose a place on such a placement as described in K5051 will be treated as having good reason unless they lose the place through gross misconduct (see K5061).

K5053 The claimant will have been informed that, whilst participation in the work experience opportunity is voluntary, if their behaviour falls below an acceptable standard a sanction to their benefit may be applied.

K5054 Where a Claimant Commitment requires a claimant to apply for, attend or start a work experience opportunity as part of a work preparation requirement1 the DM considers whether a low-level sanction is appropriate if the claimant fails to show a good reason for the failure.


@Swim

Work experience only becomes mandatory if the claimant agrees to it under a WPR.

Note 2: Taking part in work experience in 5.1 under a work-related requirement remains voluntary but where the claimant has agreed to work experience as a work preparation requirement, they will be expected to comply, otherwise a sanction may apply.

For more information see ADM chapters K1, K2, K3 and K5. 1 WR Act 12, s 16(3); 2 UC Regs, reg 114(1)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502453/admj3.pdf[/quote]
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Re: work preparation requirement

Post by Admin on Sun Jul 16, 2017 11:59 am

(1)In this Part a “work preparation requirement” is a requirement that a claimant take particular action specified by the Secretary of State for the purpose 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).

I can not identify how this requirement fulfils s16 (1) of the WRA 2012.

Dressing up for JC officials is not a labour market activity.

The test of whether an action or activity is reasonable is whether that particular course of action will help a particular claimant get employment or improve their prospects of employment in the specific circumstances and that the claimant has no good reason for failing to comply with the request.

You have purchased the clothing and provided the receipt that should be sufficient. If they want further proof you could take the clothes in a carrier bag.

Where is it going to end? Standing in row to check you have washed behind your ears!


****


Flying Visitor wrote:-

Time is of the essence.

Here is my good reason letter.

Personal details

DM Address

Date


Statement of reasons

Background:

On [date] I was provided with funding to purchase smart clothing for job interviews and attendance at a work experience placement.

I duly bought [specify] and provided a receipt as proof of purchase on [date].

On [date] I was notified via my claimant commitment that I had to go into the Jobcentre dressed as if for a job interview on [date] even though no interview was arranged for me.

Relevant legislation -  WRA 2012, Section 6(c)

6C Work preparation requirement

(1)In this Act a “work preparation requirement” is a requirement that a claimant take particular action specified by the Secretary of State for the purpose 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).

(3)Action which may be specified under subsection (1) includes in particular—
(a)attending a skills assessment;
(b)improving personal presentation;

I am unable to identify how dressing in particular clothing makes it more likely in the opinion of the Secretary of State that I will obtain paid work (or more paid work or better-paid work).   The purchase of appropriate interview clothes is the particular action.  The evidence that the action has been completed is the receipt

DWP policy

The 'Flexible Support Fund Guide' will show an adviser if evidence is needed to support a request for FSF. If not enough evidence is provided then the adviser will tell you to contact Universal Credit once all the evidence has been gathered.

https://www.whatdotheyknow.com/request/290283/response/711403/attach/3/FOI%203775.pdf

I was not asked to contact UC to provide further evidence.

Personal presentation is more than just putting on clothes, which is an activity that most children over 5 years of age can complete competently.  It also encompasses; walking confidently, smiling and having well-groomed hair as well as good eye contact, using appropriate language and active listening skills.

In conclusion, the  work preparation activity does not satisfy the legislative requirement of, "making it more likely that I will obtain employment".  Therefore, I ask that the Decision Maker not to impose a sanction.


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