Attendance, information and evidence

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Attendance, information and evidence

Post by Admin on Tue Jun 27, 2017 8:45 pm

8 Attendance, information and evidence.

(1)Regulations may make provision for requiring a claimant [F1(other than a joint-claim couple claiming a joint-claim jobseeker’s allowance)]—

(a)to attend at such place and at such time as [F2an employment officer] may specify; and

(b)to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.

It is unreasonable, thus unlawful to require claimants to provide information and/or evidence of their circumstances in a group meeting. The legislation only makes provision for individuals or couples (Joint claims) to participate in an interview, not 6-8 strangers.

Claimants have the right to present their jobsearch in a manner of their choosing and to discuss their circumstances in a private interview, hence the privacy screens between the desks at the Jobcentre . You cannot be required to provide your email address or, to log onto public computers for the purposes of participating in an interview.

3. The improved office environment has not increased customer satisfaction levels significantly. Customers’ views will be affected by a wide range of factors, including the attitude of Jobcentre Plus staff, their knowledge of benefits and jobs available, as well as the accessibility of other communications media such as telephone contact centres. The Agency should offer a consistent approach to customer service across the network so that, in particular, the capacity to meet face to face with an adviser, if preferred to conversations by telephone, as well as the right to privacy, are maintained.

www.publications.parliament.uk/pa/cm2007...cmpubacc/532/532.pdf


[F3(1A)Regulations may make provision—

(a)for requiring each member of a joint-claim couple claiming a joint-claim jobseeker’s allowance to attend at such place and such time as the Secretary of State may specify;

(b)for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;

(c)for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;

(d)where any requirement to provide information or evidence is imposed on such a couple by virtue of paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.]

(2)Regulations under subsection (1) [F4or (1A)] may, in particular—

(a)prescribe circumstances in which entitlement to a jobseeker’s allowance is to cease in the case of a claimant who [F5, or (as the case may be) a joint-claim couple claiming a joint-claim jobseeker’s allowance a member of which,] fails to comply with any regulations made under that subsection;

(b)provide for entitlement to cease at such time (after he [F6or, as the case may be, a member of the joint-claim couple] last attended in compliance with requirements of the kind mentioned in subsection (1)(a) [F7or (1A)(a)]) as may be determined in accordance with any such regulations;

[F8(c)provide for entitlement not to cease if the claimant or (as the case may be) either member of the joint-claim couple shows, within a prescribed period of the failure to comply on the part of the claimant or (as the case may be) a member of the couple, that the claimant or (as the case may be) the defaulting member of the couple had good cause for that failure; and]

(d)prescribe—

(i)matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and

(ii)circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.

All claimants can provide good reason for not particating in these types of group sessions, so the requirement to attend is unreasonable/unlawful.


[F9(3)In subsection (1) “employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of that subsection by an order made by the Secretary of State.]

www.legislation.gov.uk/ukpga/1995/18/section/8

Edit:

UC Regs:

What a work-focused interview is
J3031 A work-focused interview is an interview for the prescribed purposes set out in
J3032 which the claimant is required to participate in and which relates to work or work preparation1

The Secretary of State may specify
1. how
2. when and
3. where
a work-focused interview is to take place2
.
1 WR Act 12, s 15(2); 2 s 15(4)

Example
Chris is in receipt of UC. He is in the work-focused interview requirement group. Chris is notified by an officer of Jobcentre Plus to attend a work-focused interview
on 15.7.13 at 10 a.m. in person at his local Jobcentre Plus office.

J3032 The purposes1
of a work-focused interview for a claimant are any or all of
1. assessing the claimant’s prospects for remaining in or obtaining work
2. assisting or encouraging the claimant to remain in or obtain work
3. identifying activities that the claimant may undertake that will make remaining
in or obtaining work more likely
4. identifying
4.1 training or
4.2 educational or
4.3 rehabilitation
opportunities that may make the claimant more likely to remain in or obtain work or be able to do so
5. identifying current or future work opportunities that are relevant to the claimant’s needs and abilities
6. ascertaining whether a claimant is in gainful self-employment or meets the conditions of the S/E start-up period (see ADM Chapter H4).
1 WR Act 12, s 15(2), 15 (3) & UC Reg

An interview is not a group activity. None of the above can be discussed or achieved in a group setting.
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