Revocation/variation of UC Claimant Commitment template letter

Originally posted on the unemploymentmovement.com site

Posted by: Flying Visitor

Example letter


Your address

NI number

Date


Jobcentre Plus Address/email


Dear Manager

Revocation/variation of UC Claimant Commitment [dated]

The legislation - WRA 2012 Section 24 (4)

(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.

Matters for consideration as follows:

1. The work preparation requirement to attend a Group Information Session [about?] at [venue] on [date].

I should have been provided with sufficient information about the session to enable me to determine the benefits of attending as well any reasons why the work preparation requirement was unreasonable.

This did not happen, so I request that this requirement is revoked.

2. The work preparation requirement to attend an open day about Sector Work Based Academy.

I have sourced sufficient information (see att.) to determine I do not wish to participate in this scheme. Therefore, the requirement to attend the open day to be revoked.

Reference:
Note 2: Taking part in work experience in 5.1 under a work-related requirement remains voluntary but where the claimant has agreed to work experience as a work preparation requirement, they will be expected to comply, otherwise a sanction may apply.

For more information see ADM chapters K1, K2, K3 and K5. 1 WR Act 12, s 16(3); 2 UC Regs, reg 114(1)

www.gov.uk/government/uploads/system/upl...ile/502453/admj3.pdf

3. The work preparation requirement to visit/call employers and charities and contact a volunteering centre to ask about opportunities for volunteering or work experience and apply for anything I can.

I have not agreed to work experience. This is apparent from my initial agreement to attend an open day to find out more about SWBA. This requirement must be revoked.

Further, the mandate is unlawful because I was not provided with sufficient information and my CC does not include::

(i) The specific details of a particular work experience opportunity for me to apply for, attend or start.
(ii) There are no details about how the evidence of compliance will be met.

ADM guide

K5054 Where a Claimant Commitment requires a claimant to apply for, attend or start a work experience opportunity as part of a work preparation requirement the DM considers whether a low-level sanction is appropriate if the claimant fails to show a good reason for the failure.

Finally, I do not have to be available or actively looking for unpaid work.

I am open to exploring work experience and suggest that this is placed in the section 3 of my Claimant Commitment, making the work related activity voluntary. www.gov.uk/government/uploads/system/upl...ommitment-annex1.pdf

4. The work preparation requirement to send my CV to [name of JC official]

I have a right to protect my data under the DPA and prefer to show my current CV to [name of JC official] on [date].

I look forward to receiving a reply in line with your complaints and maladministration policy.

Yours faithfully

N-D additions:

Useful links
https://www.whatdotheyknow.com/request/405244/response/985313/attach/3/6c.Annex%201%20Setting%20work%20related%20requirements.pdf?cookie_passthrough=1

https://www.whatdotheyknow.com/request/405244/response/985313/attach/4/6d.Annex%202%20Work%20preparation%20activities%20overview.pdf?cookie_passthrough=1

https://www.whatdotheyknow.com/request/405244/response/985313/attach/5/6e.Annex%203%20Diagnosis%20of%20claimant%20capability%20and%20circumstances.pdf?cookie_passthrough=1

UC: So far have not heard of anyone being required to attend and start a work experience placement, or face sanctions for not doing so.

The DWP has said

"While the Welfare Reform Act 2012 gives the Secretary of State powers to make undertaking work experience a work-related requirement, current DWP policy is that work experience should be entirely voluntary as per K5121. We recognise that subsequent guidance in paragraph K5123 does not make this difference between legal powers and government policy clear. We are looking again at Chapter K5 to ensure it accurately reflects DWP policy "
https://www.whatdotheyknow.com/request/508457/response/1257540/attach/html/2/IR%20416%20FOI%203442%20Reply.pdf.html

Relating to

Welfare Reform Act 2012
16 Work preparation requirement
(3) Action which may be specified under subsection (1) includes in particular—
(e) undertaking work experience or a work placement;
https://www.legislation.gov.uk/ukpga/2012/5/section/16/enacted