unsigned claimanet commitment

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unsigned claimanet commitment

Post by Admin on Tue Jun 27, 2017 8:50 pm

unsigned claimanet commitment

[quote="FlyingVisitor" post=25863]If you are claiming UC, I hope this helps:

Your Claimant Commitment will set out what you have agreed to do to prepare for and look for work, or to increase your earnings if you are already working. It will be based on your personal circumstances and will be reviewed and updated on an ongoing basis. Each time it is updated, you will need to accept a new Claimant Commitment to keep receiving Universal Credit.
https://www.gov.uk/government/publications/universal-credit-and-your-claimant-commitment-quick-guide/universal-credit-and-your-claimant-commitment

Regulation 15 of the Universal Credit Regulations 2013 states that claimants must accept their claimant commitment using one of the following methods, as specified by the Secretary of State: Electronically; By telephone; or in writing.

In the current Universal Credit Service, claimants who are required to undertake work search activities will be expected to accept their initial claimant commitment during a face to face interview and will be required to sign it. A claimant is given a reasonable time to accept a new or an updated claimant commitment. This will normally be 5 working days from the date of the face to face interview during which the new or revised claimant commitment was created. To continue to be entitled to Universal Credit, it is the claimant’s responsibility to notify the Department that they wish to accept this claimant commitment. The claimant can use any of the methods mentioned above to notify acceptance, as long as this is received by the Department within the 5 working day period.
https://www.whatdotheyknow.com/request/242650/response/597780/attach/2/FoI%205245%20reply.pd

If you are claiming JSA, you cannot be mandated via your CC.

Edit
It seems your claim should have been closed.  The JC official has been lazy s/he and has not followed DWP guidance when imposing work search requirements.

If your CC is being revised and amended weekly then the procedure described above needs to be followed ie you have to accept the revisions.

Is this how you were notified to apply for the job that a doubt has now been raised?

J3005 The claimant has to be aware of any work-related requirement that has been imposed on them. Where a claimant is subject to a work-related requirement then this should be recorded on the claimant’s claimant commitment. If not, it should be notified to the claimant in a manner that the Secretary of State sees fit. This includes where a work-related requirement has been changed or revoked1 . 1 WR Act 12, s 24(4).

Evidence J3100 Where there is a doubt about whether a claimant is meeting their work search requirement, the case will usually be referred to the DM with 1. a copy of the claimant commitment and 2. details of any other action to seek work that an officer of the Jobcentre Plus office suggested the claimant take in the week or weeks in question and 3. evidence of what action the claimant took to seek work in those weeks and 4. evidence of what action the claimant took in previous weeks and 5. evidence of any advice about searching for work that the Jobcentre Plus office had previously given the claimant.

Failure or refusal to apply for a specified vacancy K3052 Where K3051 applies the claimant has to have been clearly informed of the particular vacancy. Note: The jobs a claimant can be required to apply for must be jobs that the claimant can reasonably do based on their individual skills, ability, location, capabilities and capacity and their own resource and should normally be discussed with the claimant at the work search review. The claimant would have to show a good reason why a particular vacancy is unsuitable in their good reasons for any failure, for example the job required a skill or qualification the claimant did not have.

Note 2: If the claimant is informed by a requirement on the Claimant Commitment or by a letter a copy should be retained for 3 years. Note 3: A failure to record the relevant evidence could result in a sanction not being able to be imposed where appropriate.

You may be able to use failure to follow correct procedure as an argument. You were informed in writing about the job, but your CC must be accepted: Electronically; By telephone; or In writing (Reg 15 UC regs 2013) .
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Re: unsigned claimanet commitment

Post by Admin on Tue Jun 27, 2017 8:53 pm

[quote="FlyingVisitor" post=26070]Sorry, I am not quite myself so I am taking longer to think things through etc..

I have been giving the question of not accepting a UC CC amongst other matters more thought.

If ff's UC is sanctioned, it will be worthwhile challenging on the grounds of official error.

The DM normally assumes the claimant has be lawfully notified by the JC official . In this case, a copy of the CC must be sent to the DM. The DM should also have a copy the employment vacancy/other opportunity details. However, s/he will not be privy to the discussion regarding the suitability of the work related activity and any representation they might make, unless they are recorded in DART.

03259 In considering whether a decision was based on an official error, DMs should note that
1. an official error refers only to a clear mistake of fact or law arising because an
officer has failed to make a decision or take an administrative act that was
required under SS legislation. The officer must not have been acting in a
private capacity for example giving advice to a neighbour
2. the official error must have made the appropriate decision wrong
3. the error must lie in the decision and not merely in the circumstances
surrounding its issue
4. “mistake” refers only to obvious mistakes made by officers on the facts told to
them by claimants or which they had reason to believe were relevant
5. officers of the Department, for example visiting officers, do not have a duty to
interrogate claimants about their circumstances. It is up to the claimant to
make the point about the circumstances to the visiting officers
6. DMs have a duty to consider whether the claimant has caused or contributed
to any mistake

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/535083/dmgch03.pdf

The JC official acting on behalf of the SoS has a common law duty to inform claimants about work related activities to establish suitability and to allow the claimant to make representation. The JCO must also follow the SoS's own guidance as well as the law when creating and issuing a mandate.

The SoS requires that the updated/revised UC CC must be accepted (in electronic form, in writing or by telephone) by the claimant. In ff's case this is not happening and he also states he is not provided with sufficient information about the required WRA's. These errors cannot be corrected by the Decision Maker.

This also applies to the unlawful GIS and Digital Jobclub mandates, both of which are misleading and therefore unlawful/fraudulent.

I would estimate, there must be hundreds of thousands of sanctions that could be appealed out of time due to official error.[/quote]
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