Claimant Commitment spread between all 7 days?

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Claimant Commitment spread between all 7 days?

Post by Admin on Sun May 21, 2017 10:13 pm

[quote="FlyingVisitor" post=24218]Interesting FOI request
1) Can a Claimant Commitment state that the 35 hours per week mandatory work related activity must be split between all 7 days?

2) Can a Claimant Commitment state how the 35 hours must be divided per day?

3) Can the 35 hours mandatory work related activity be carried out by the claimant in one unbroken 35 hour session?
https://www.whatdotheyknow.com/request/uc_35_hours_per_week_mandatory_w#incoming-837032

I would say completing 35 hours of work search and preparation in one session would generally not be an effective way to look for work, unless a person had particular circumstances to support this approach.

The latest policy has been requested here:
https://www.whatdotheyknow.com/request/operational_instructions_for_uni

I cannot find any reference to daily worksearch and preparatio within these requests:
https://www.whatdotheyknow.com/request/315834/response/778656/attach/3/512%20UCKM%20Work%20search%20and%20CC.pdf
https://www.whatdotheyknow.com/request/ill_spend_35_hours_each_week_loo#incoming-778656
https://www.whatdotheyknow.com/request/universal_credit_claimant_commit_2#incoming-805003

This one refers to regular work search activity each week, which in my view is how the legislation should be interpreted.
Claimants should undertake regular work search activity each week and work coaches need to balance the need for work search activities with any work preparation activity.
https://www.whatdotheyknow.com/request/298997/response/732575/attach/3/Attachment%201%20Setting%20work%20related%20requirements.pdf

If a claimant feels it would be easier/more effective for them to spread the 35 hours over 7 days, then it is reasonable for that person.

When I challenged daily activity in a Jobseeker's Agreement at First Tier Tribunal I was informed by DWP that it meant 7 times ie 7 steps and not daily, but the JSAG stated daily! :ohmy:[/quote]
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Re: Claimant Commitment spread between all 7 days?

Post by Admin on Sun May 21, 2017 10:14 pm

FlyingVisitor wrote:Thanks gadily and harri, amendments have been made.  I have also changed my wording.

All the information is present to prepare an appeal ie. the legislation, some examples of good reasons why a person has not taken a particular action or has taken other action that gives them a better prospect of work.

In the past, the templates produced have been based on successful cases, therefore, any new template I prepare at this stage is going to be untried.  However, the principle of decision making has not changed and the process of influencing the outcome remains the same,  In the Commissioner Williams (thanks Daniel) case the claimant was very angry that the DWP DM and the First tier Tribunal did not consider what he had done to look for work and focused on what he did not do,  This is still relevant to UC claimants.  http://www.bailii.org/uk/cases/UKSSCSC/2007/CJSA_1814_2007.html

The simple message is to try and get a claimant commitment that is tailored to your circumstances.   You only have to take reasonable actions that give you the best prospect of work in light of all your circumstances.  Seven day job search is not reasonable in the same way that continually working 7 days a week as an employee is not safe, healthy or effective.   The 35 hour imposition was intended to mirror a typical working week, which is not everyday.  The everyday work search has been introduced by DWP because, it is assumed most people are glued to their iphones/computers 7 days a week and, therefore it must be reasonable to expect claimants to spend their 'me' or family time looking for work rather than entertaining/enjoying themselves on rest and recuperation days.  

Suggestion: Do not admit to having an iphone or a computer - you cannot afford broadband!   You go to the library!  Wink   Your friends and family do not have computers either or they do not live close by.   This means you can only spend 30-60 minutes staring at various jobsites.  I believe even the JC only allows claimants up to 3 hours on their PC's!  If you book an appointment to use the JC machines, you should be paid expenses.   It is unreasonable to spend more than £3-£6 (including travel costs) a week on job search activity per week, particularly now that many claimants have to pay Council Tax!   😠 Hence, the reason claimants can receive travel expenses on non signing days.  For those people claiming UC, it assumed there are 2 signing days every 4 weeks, so you can claim expenses for more than 2 JC interviews in a month.  I will trace the FOI when I can.

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Re: Claimant Commitment spread between all 7 days?

Post by Caker on Mon May 22, 2017 10:03 am

From Admin's post (above)

Claimants should undertake regular work search activity each week and work coaches need to balance the need for work search activities with any work preparation activity.

I am not clear about the difference between 'work search activity' and 'work preparation activity' in this context.

Does anyone know the clear definitions for 'work search activity' and 'work preparation activity' as it has been used here?

Thanks study


Edit: I think I might have answered my own question here Embarassed

'Work search' is looking for actual vacancies to apply for.

I suspect 'work preparation' is to do with making quality applications (including researching employers), attending interviews (including planning travel and actually travelling). I think that laundering interview clothes might also come under this category Wink


Last edited by Caker on Mon May 22, 2017 10:10 am; edited 1 time in total (Reason for editing : realised I knew the answer to my own question. doh!)
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Re: Claimant Commitment spread between all 7 days?

Post by Mary_FV on Mon May 22, 2017 10:47 am

Hope this helps C...

16 Work preparation requirement

(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).
(2)The Secretary of State may under subsection (1) specify the time to be devoted to any particular action.
(3)Action which may be specified under subsection (1) includes in particular—
(a)attending a skills assessment;
(b)improving personal presentation;
(c)participating in training;
(d)participating in an employment programme;
(e)undertaking work experience or a work placement;
(f)developing a business plan;
(g)any action prescribed for the purpose in subsection (1).

http://www.legislation.gov.uk/ukpga/2012/5/section/16
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Re: Claimant Commitment spread between all 7 days?

Post by Caker on Mon May 22, 2017 11:28 am

Oh, I see now  Embarassed . Thanks Mary.

So 'work search' is anything that the person does independently and without being instructed by a JC officer.
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Re: Claimant Commitment spread between all 7 days?

Post by Admin on Mon May 22, 2017 4:53 pm

it can be done by either caker

but what happens is the dwp roach demands that you still provide full jobsearches even though you have taken some of your hours up doing other things to gain work

however some arnt aware you can change our jsa or jsa cc agreement to take this into consideration
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Re: Claimant Commitment spread between all 7 days?

Post by Mary_FV on Mon May 22, 2017 5:50 pm

The work search requirement is detailed in the UC claimant commitment.

17Work search requirement

(1)In this Part a “work search requirement” is a requirement that a claimant take—
(a)all reasonable action, and
(b)any particular action specified by the Secretary of State,for the purpose of obtaining paid work (or more paid work or better-paid work).
(2)The Secretary of State may under subsection (1)(b) specify the time to be devoted to any particular action.
(3)Action which may be specified under subsection (1)(b) includes in particular—
(a)carrying out work searches;
(b)making applications;
(c)creating and maintaining an online profile;
(d)registering with an employment agency;
(e)seeking references;
(f)any action prescribed for the purpose in subsection (1).
(4)Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Secretary of State may in any particular case specify further such limitations on such a requirement.
(5)A limitation under subsection (4) may in particular be by reference to—
(a)work of a particular nature,
(b)work with a particular level of remuneration,
(c)work in particular locations, or
(d)work available for a certain number of hours per week or at particular times,and may be indefinite or for a particular period.

http://www.legislation.gov.uk/ukpga/2012/5/section/17
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Re: Claimant Commitment spread between all 7 days?

Post by El-dudeareno on Tue May 23, 2017 2:44 pm

Admin wrote:
FlyingVisitor wrote:Interesting FOI request


3) Can the 35 hours mandatory work related activity be carried out by the claimant in one unbroken 35 hour session?
https://www.whatdotheyknow.com/request/uc_35_hours_per_week_mandatory_w#incoming-837032


Did you get a reply about this unbroken activity? As I might of missed it Rolling Eyes . Also I use to work twelve hour days. So I was thinking I could do all of my 35 hrs a week Job search in 3x days (with a 20x min break). Then have the rest of the week off cheers
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Re: Claimant Commitment spread between all 7 days?

Post by Mary_FV on Tue May 23, 2017 2:50 pm

I try to anticipate what a judge would determine as reasonable.

My opinion is, due to the way jobs are advertised today effective job search should be spread across the week, but it does not have to be daily.
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Re: Claimant Commitment spread between all 7 days?

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