Work and Health Programme part 2

Jara & El-D

CWP was a Mandatory Scheme and defined in legislation.


Work experience is voluntary.  You can be mandated to to attend an interview and start. However, you do not have to participate and can leave without a sanction being applied for doing so. This also applies to the work experience element of SWBTA (K5066) and the Youth Obligation initiative (K5063).


https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720679/admk5.pdf

That makes me wonder what their definition of "start" is? In the example they give in K5123 Poppy decides to leave after a week and as this is at the DM's discretion I'd be inclined to think that if I attended, started and left one hour later the DM might decide against me. I think in practice I'd attend for half a day to be on the safe side but there's no way I'd suffer one week!

ABC wrote:That makes me wonder what their definition of "start" is? In the example they give in K5123 Poppy decides to leave after a week and as this is at the DM's discretion I'd be inclined to think that if I attended, started and left one hour later the DM might decide against me. I think in practice I'd attend for half a day to be on the safe side but there's no way I'd suffer one week!

If a sanction may apply, the mandatory notice must include exactly what is expected.  The claimant must also have sufficient prior information to enable them to make representation to the SoS if necessary.

N.B. You cannot be referred to WE or a community placement if you are a WHP participant.

Thanks ND. The problem is that there's no formal definition (that I'm aware of) of what constitutes "starting". Is turning up and leaving after an hour "starting"?

ABC wrote:Thanks ND. The problem is that there's no formal definition (that I'm aware of) of what constitutes "starting". Is turning up and leaving after an hour "starting"?

If you start any programme / opportunity your start date is the appointment date and time within the notice.  

Example, from DWPs own guidance for WE within Jobcentre Plus...

32. The host manager will contact the Work Experience team and the DWP Work Experience Scheme Co-ordinator on the first day of the placement to confirm that the participant has started.

Mandatory notices must specify that you have to participate and how..

CPAG wrote:When referring you to the Work Programme, the DWP must give you details about the scheme as well as a notice which specifies when you are required to participate, details of what you are required to do, and the sanctions that can be imposed for failures.1

http://www.cpag.org.uk/content/ask-cpag-online-how-can-you-avoid-jsa-work-programme-sanction

I will try and find a notice on line.


Useful reading:
https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06249

Have added comments on UC work experience and sanctions using examples in https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720679/admk5.pdf

@ https://respectfulbenefits.forumotion.com/t1700-adm-work-experience-when-claiming-universal-credit#7244

Specific to the Youth Obligation UC offer at six months of a claim

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

Noting

To April 2018, 253 UC sanction referrals made for

'failure to undertake work experience or a work placement'

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