claimant commitment "second opinion"

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claimant commitment "second opinion"

Post by Admin on Sun May 21, 2017 9:59 pm

Originally posted by FlyingVisitor:

I hope this information is helpful, OW:

https://www.whatdotheyknow.com/request/317750/response/781571/attach/3/685%20CLAIMANT%20COMMITMENT%20GUIDANCE.pdf

14Claimant commitment
(1)A claimant commitment is a record of a claimant's responsibilities in relation to an award of universal credit.
(2)A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.
(3)A claimant commitment is to be in such form as the Secretary of State thinks fit.
(4)A claimant commitment is to include—
(a)a record of the requirements that the claimant must comply with under this Part (or such of them as the Secretary of State considers it appropriate to include),
(b)any prescribed information, and
(c)any other information the Secretary of State considers it appropriate to include.
(5)For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
http://www.legislation.gov.uk/ukpga/2012/5/section/14

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.
http://www.legislation.gov.uk/ukpga/2012/5/section/23

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.
http://www.legislation.gov.uk/ukpga/2012/5/section/24
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Re: claimant commitment "second opinion"

Post by Admin on Sun May 21, 2017 10:00 pm

[quote="FlyingVisitor" post=25783]...insufficient space....

https://www.citizensadvice.org.uk/benefits/universal-credit/interview/prepare-for-your-interview/

https://skwalker1964.wordpress.com/2013/08/29/universal-credit-claimant-commitment-no-choice-no-law-no-money-no-appeal/

J1010 The claimant commitment is generated as a result of a conversation with the claimant. There may be occasions where the claimant refuses to accept their claimant commitment. The claimant must be offered a cooling off period so that they can reconsider. The cooling off period should be a maximum of seven calendar days.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502450/admj1.pdf
(3) The Secretary of State may extend the period within which a person is required to accept a claimant commitment or an updated claimant commitment where the person requests that the Secretary of State review– (a) any action proposed as a work search requirement or a work availability requirement; or (b) whether any limitation should apply to those requirements, and the Secretary of State considers that the request is reasonable. (4) A person must accept a claimant commitment by one of the following methods, as specified by the Secretary of State– (a) electronically; (b) by telephone; or (c) in writing.
http://www.legislation.gov.uk/uksi/2013/376/pdfs/uksi_20130376_310515_en.pdf

If your claim is closed you can appeal.[/quote]

And, demanding job search evidence contra to DWP policy and common law.

What struck me the most was the claim that I had to note down every single job I rejected and why as well as note adverts I would apply for. I really wasn't told this and find the claim that I have to provide evidence of this, highly suspicious. Again, I was left thinking 'do they actually believe that?'
http://copingwiththebenefitssystem.blogspot.co.uk/2016/08/universal-credit-signing-on.html?view=sidebar

[quote="ourwelfare" post=25620]I thought the group might find these documents interesting that I was given at my first 'interview' for Universal Credit. I was wondering if anyone else got the same things or if it differs from area to area?

Claimant Commitment http://copingwiththebenefitssystem.blogspot.co.uk/2016/08/claimant-commitment.html?view=sidebar
http://copingwiththebenefitssystem.blogspot.co.uk/2016/08/universal-credit-documents_2.html
http://copingwiththebenefitssystem.blogspot.co.uk/2016/08/universal-credit-documents_12.html
http://copingwiththebenefitssystem.blogspot.co.uk/2016/08/universal-credit-documents.html

UC is new in my area. I applied online and waited for the phonecall. I checked 3 times before hanging up that my appointment was 11:45 yet when I arrived I was told it was 12. When I came back, I waited and was shown to a man who explained that I should have been seen at 11:45 and that he didn't know why I hadn't been brought through. The consequence was that he had less time with me before he passed me on to the person who'd be my work coach. I'm not unhappy to avoid the waffle and highly dubious PR bilge that passes for government information these days but I didn't think it was impressive. Especially if I'd been someone less clued up on what to expect. They just shortened the appointment.

They told me I'd answered "Does anyone live with you?" wrong. You answer no if you don't own or rent your home regardless of who you live with. A great start I thought. Its almost like they're trying to trip you up.

I sat down with my new 'work coach' and my claimant commitment was drawn up. I assume it was - they didn't tell me what was going on, just turned the monitor round to me and started going through some drop down menus on something called the Microsoft Dynamics CRM. First they brought up a list of names and emails. Which one's yours? they enquired. I'm not happy to give my email I said and they promised not to record it. What's your email name so I can check it's suitable? they asked. I gave them the first part and restated that I didn't want it recorded - but I didn't feel happy with their approach. I was asked if I'd signed up to a UJ. Yes I said - but I wasn't given a cookies consent sheet.

They put down 'search jobsites daily' and the rest was fairly simple - ask family and friends for vacancies and that I would 'bring in evidence of my 35 hours'. Again how much and how detailed I don't know. I questioned why I had to check my Universal Jobmatch account 5 times a week. Apparently its necessary for 'evidence' as I refused to give access.. I tried to question it further but was told we'd discuss it next week.

Initially I was to check UJ daily but I said I wasn't willing to accept cookies on my PC. Why, they asked, aren't you happy with our website? No I explained it's insecure and has duplicate out of date jobs. I got the same query when it came up on screen that I'd refused access. Oh you'll have to provide more written evidence then if you don't allow access. Fine I replied. I was told the PCs at the jobcentre were available for use - daily? I queried, yes daily they said. I pointed out they weren't open at weekends and it was changed to 5 times a week.

So how long do I have before I have to sign this? I asked. Isn't there a cooling off period? They didn't bring it up and I imagine wouldn't have if I hadn't. They printed out the CC and gave it away with me. I've got till my next appointment next Tuesday and assume I have to follow it until I sign it. We'll discuss the UJ thing again and then I imagine I'll have to send it to a review by a 'decision maker'.

What struck me the most was the way and how often they mentioned sanctions. There's a high sanction rate I was told by the first person while handing me some booklet. Yes, there's a high sanction rate said the second person, at least twice, while filling in the CC.

I didn't like my "work coach". They were smarmy and came across as untrustworthy. The fact they didn't explain about the claimant commitment before starting it, the fact I had to raise the issue of UJ cookies and the cooling off period before signing the CC just sat wrong. The suggestion that because I didn't give access to my account I 'had' to check UJ daily for 'evidence' doesn't make any sense either. I recorded the whole thing.

I didn't see much else around me. The jobcentre was quiet with only other claimants sat around looking miserable with their 'work coaches'. I asked on the way out to book a PC for my 'daily UJ search' but they're hardly ever busy I was told. If they're all in use I can just wait, apparently.

I thought about putting in an FOI request to my jobcentre to see just how high a rate of sanctioning there is.[/quote]
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