Claimant may be mandated to complete the Universal Credit journal.

by Welfare-Champion Sat May 04, 2019 8:13 am

https://www.whatdotheyknow.com/request/566459/response/1357786/attach/2/FOI2019%2014009%20Reply.pdf?cookie_passthrough=1

At the claimant commitment meeting there would be a discussion about theUniversal Credit journal. It would be discussed and agreed on an individual case by case basis. Claimant may be mandated to complete the Universal Credit journal. If they fail to complete it or accept it after a discussion with their work coach, then theycould be sanctioned.

https://www.understandinguniversalcredit.gov.uk/already-claimed/sanctions/https://www.gov.uk/government/publications/universal-credit-and-your-claimant-commitment-quick-guide/universal-credit-and-your-claimant-commitment

Section 23(3) of the Welfare Reform Act 2012 provides that the Secretary of State, for the purpose of verifying a claimant’s compliance with a work-related requirement, may require a claimant to a.provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;b.confirm compliance in a manner so specified.

https://www.whatdotheyknow.com/request/566459/response/1357786/attach/2/FOI2019%2014009%20Reply.pdf?cookie_passthrough=1

by Caker Sat May 04, 2019 3:21 pm

gov.uk wrote:
3. Support from your work coach

.......They will support and challenge you to fulfil your potential and help you to raise your expectations of what you can achieve.......

Or perhaps they will belittle and patronise you to forgoe your potential and lower your expectations of what you can achieve.

DWP must have a PR person who worked in the ministry of information in George Orwell's 1984 Claimant may be mandated to complete the Universal Credit journal. 3136669762

Claimant may be mandated to complete the Universal Credit journal. 3136669762

by Welfare-Champion Sat May 04, 2019 3:41 pm

https://www.dur.ac.uk/news/allnews/thoughtleadership/?itemno=24998

Psychological coercion and manipulation is now a daily part of claiming benefits

Curing unemployment is a growth market for psychologists. Job Centres are becoming medical centres, claimants are becoming patients, and unemployment is being redefined as a psychological disorder.

Made-up ailments such as “psychological resistance to work” and “entrenched worklessness” feature in ministerial speeches and lucrative Department for Work and Pensions (DWP) contracts, without attracting a murmur of protest from professional psychologists.

by Caker Sat May 04, 2019 4:16 pm

My understanding is that the psychologists saw through the ruse and gave it a swerve. Claimant may be mandated to complete the Universal Credit journal. 2650990582

Claimant may be mandated to complete the Universal Credit journal. 2650990582

https://thepsychologist.bps.org.uk/volume-28/march-2015/psychologists-against-austerity

......so that somewhat thwarted the DWP plan to use them as instruments of coercion.

by MrFrankZola Mon May 06, 2019 12:59 pm

Welfare-Champion wrote:https://www.whatdotheyknow.com/request/566459/response/1357786/attach/2/FOI2019%2014009%20Reply.pdf?cookie_passthrough=1

At the claimant commitment meeting there would be a discussion about theUniversal Credit journal. It would be discussed and agreed on an individual case by case basis. Claimant may be mandated to complete the Universal Credit journal. If they fail to complete it or accept it after a discussion with their work coach, then theycould be sanctioned.

https://www.understandinguniversalcredit.gov.uk/already-claimed/sanctions/https://www.gov.uk/government/publications/universal-credit-and-your-claimant-commitment-quick-guide/universal-credit-and-your-claimant-commitment

Section 23(3) of the Welfare Reform Act 2012 provides that the Secretary of State, for the purpose of verifying a claimant’s compliance with a work-related requirement, may require a claimant to a.provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;b.confirm compliance in a manner so specified.

https://www.whatdotheyknow.com/request/566459/response/1357786/attach/2/FOI2019%2014009%20Reply.pdf?cookie_passthrough=1

Worth repeating

It is not a mandatory requirement for the claimant to provide the required work search evidence via their journal. The claimant must be able to provide written evidence of their work search.

It is not mandatory for the claimant to upload their CV onto the journal, the claimant must however be able to show a completed and up to date CV. ”
https://www.whatdotheyknow.com/request/435142/response/1056696/attach/html/2/4201%20reply.pdf.html

"DWP will usually get in touch with claimants by their preferred method of contact. If they do not wish for this contact to be made by telephone or text message, they can discuss this with their Work Coach.

The UC journal can also be used to notify their contact preferences. "
https://www.whatdotheyknow.com/request/559269/response/1342939/attach/html/2/WDTK%20Template%2010163.pdf.html

Difficulty with this contact preference, is how the UC account is designed by default to send automated
email or text messages when new entries are made by a 'coach'/dwp. And preference is not a choice when the
preference options are set by the the DWP and cannot be opted out.

by Caker Mon May 06, 2019 3:19 pm

Another somewhat muddy issue (like uploading a CV, already discussed) when a non mandatory action (such as logging into the UC a/c and recording job search activity) is incorporated into the cc, as something the claimant has committed to do.

by MrFrankZola Mon May 06, 2019 4:20 pm

Caker wrote:Another somewhat muddy issue (like uploading a CV, already discussed) when a non mandatory action (such as logging into the UC a/c and recording job search activity) is incorporated into the cc, as something the claimant has committed to do.

"as something the claimant has committed to do"

Yes, at the point of 'agreeing' and 'accepting' a CC which includes actions to upload a CV and provide a search record both via the Journal a claimant needs to put forward an alternative. IE: Show a copy of their CV and provide work search records as a paper diary (example). And if prepared provide a copy of the FOI https://www.whatdotheyknow.com/request/435142/response/1056696/attach/html/2/4201%20reply.pdf.html which shows the alternatives that are available from a DWP point of view.

Core psychological trick (nudge), with regards the CC, is the reference to it being something that is

"agreed"

and

"accepted"

between the claimant and the 'coach'.

--

K1178 A generic requirement on the claimant commitment, however, does not meet the
evidence requirement as proof of notification of a specific action or activity on a
given date at a specific time. For example;
...
3. “to access my journal often and complete all the activities listed in the “To
Do’s” (full service areas).
These are general requirements and do not meet the evidence requirement as proof
for example of notification of a specific appointment on a given date at a specific
time.
Chapter K1: Sanctions – general principles
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/787445/admk1.pdf
Via https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide

"A claimant will not face a reduction in the payments of Universal Credit if they
choose not to complete a voluntary activity but they may do so if they fail to carry out
a required activity. "
https://www.whatdotheyknow.com/request/517330/response/1230094/attach/html/3/Annex%202.pdf.html

by Absolut Mon May 13, 2019 6:19 am

Core psychological trick (nudge), with regards the CC, is the reference to it being something that is

"agreed"

and

"accepted"

between the claimant and the 'coach'.

My experience is that DWP employees regularly choose to ignore those parts of a CC that they don't like, such as disability, restricted travel and restricted hours. There is no "agreed and accepted" if a 'coach' ignores the agreement, or attempts to arbitrarily over-ride it. If the claimant ignores parts of the CC they get sanctioned. If the coach ignores parts of the CC nothing happens. I don't know why they bother with the pretense that the coach accepts anything at all.

by MightyQunit Fri Jun 21, 2019 7:49 pm

I've just started a new claim and unlike my previous claim with a different WC, the new work roach is insisting I use the journal for work search and has given me 7 days to sign the claimant commitment or they will close my claim.

I explained to her it was not mandatory but she was having none of it, I'm going to put in a complaint on monday after doing a little reasearch and will quote the FOI https://www.whatdotheyknow.com/request/435142/response/1056696/attach/html/2/4201%20reply.pdf.html in my complaint and see what they say then.

Any further advice from any of you guy's appreciated...

by Non Deficere Fri Jun 21, 2019 10:57 pm

Current policy...

A recent FOI states as follows:

DWP Response:

Universal Credit is an online system and the journal is an integral part of it.

Section 23(3) of the Welfare Reform Act 2012 provides that the Secretary of State, for the purpose of verifying a claimant’s compliance with a work-related requirement, may require a claimant to a.provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;b.confirm compliance in a manner so specified. At the claimant commitment meeting there would be a discussion about the Universal Credit journal. It would be discussed and agreed on an individual case by case basis. Claimants may be mandated to complete the Universal Credit journal. If they fail to complete it or accept it after a discussion with their work coach, then they could be sanctioned.

https://www.whatdotheyknow.com/request/566459/response/1370325/attach/2/FOI2019%2017140%20Reply.pdf?cookie_passthrough=1

You need to ask in your letter why it is unreasonable to provide evidence by your preferred method when it was accepted by another wc.

by MightyQunit Mon Jun 24, 2019 1:21 pm

Just thought I'd post this here as it is in another thread but is more relevant here to help others.

https://www.whatdotheyknow.com/request/435142/response/1056696/attach/html/2/4201%20reply.pdf.html

I sent a letter this morning detailing I would lodge an official complaint against the WC if she did not remove the requirement to use the journal for recording work search from my CC, I quoted and provided a link to the FOI frank posted above from October 2017 and they basically shit themselves.

Remember this WC threatened to close my claim if I did not agree to the CC, she tried to get me to agree it there and then but I said I am taking advice on the matter and that is my right.

I've just received an apology via my UC account from a manager, they have assigned my previous work coach to me which is great because they are proper sound, told me I do not have to agree to the CC and I can agree a new one with my previous WC who is now assigned to me.

Back of the net!

by MrFrankZola Wed Jun 26, 2019 4:34 pm

Glad to see the DWP's own words being used to secure claimant rights.

"It is not a mandatory requirement for the claimant to provide the required work search evidence via their journal. The claimant must be able to provide written evidence of their work search.

It is not mandatory for the claimant to upload their CV onto the journal, the claimant must however be able to show a completed and up to date CV. ”
https://www.whatdotheyknow.com/request/435142/response/1056696/attach/html/2/4201%20reply.pdf.html

Under Universal Credit the DWP has become more adept at double-speak (BS) and use FOI requests to bamboozle and force it's agenda. This FOI reply:
https://respectfulbenefits.forumotion.com/t3684-claimant-may-be-mandated-to-complete-the-universal-credit-journal#10642
is a good example of DWP approach to FOI's.

Tip
When posting an FOI reply it is very important not to link directly to a PDF, as this removes the full history of an FOI request, any annotations and internal review requests.

Example

FOI request https://www.whatdotheyknow.com/request/uc_journal_sanctions#outgoing-885500
Annotation https://www.whatdotheyknow.com/request/uc_journal_sanctions#comment-87505
1st DWP reply https://www.whatdotheyknow.com/request/uc_journal_sanctions#incoming-1357786
Internal review request https://www.whatdotheyknow.com/request/uc_journal_sanctions#outgoing-895005
Review reply https://www.whatdotheyknow.com/request/uc_journal_sanctions#incoming-1370325
A lot more than one PDF file

As the 2017 response shows
https://www.whatdotheyknow.com/request/435142/response/1056696/attach/html/2/4201%20reply.pdf.html how a foi FOI request is formulated can dictate the kind of DWP FOI response. Always analyse the foi request/questions, as they may be weak or poorly constructed or can act to prompt new FOI requests.

Always keep in mind that the DWP often provides NO answer/info that relate to the questions asked and info requested and how a specific FOI reply may have little to do with the unique/new issues being raised by a claimant. Put more simply, some FOI replies merely reinforce the DWP agenda.

by Caker Thu Jun 27, 2019 8:51 am

I would add, when you get a FOI response that does not answer your question, but merely reinforces the DWP agenda, it is always important to raise an internal review about how the information provided does not correspond with the request raised.

by Non Deficere Thu Jun 27, 2019 9:29 am

The reply rarely links to the ADM/DMG

UC Work search evidence J3100-J3105

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810643/admj3.pdf

Most CC's are prepopulated knowing most claimants will not challenge the content.

by ABC Mon Jul 01, 2019 10:35 pm

Has anyone found a definitive answer to the different positions of, one the one hand, that a claimant can show their job search in the format of their choice and on the other that "Section 23(3) of the Welfare Reform Act 2012 provides that the Secretary of State, for the purpose of verifying a claimant’s compliance with a work-related requirement, may require a claimant to a.provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;b.confirm compliance in a manner so specified."

To me, section 23(3) is still the definitive answer but others seem to disagree. It is after all the law as oppsed to a generic FoI response.

by Non Deficere Tue Jul 02, 2019 8:15 am

https://respectfulbenefits.forumotion.com/t2966-requirement-to-provide-evidence-information-via-uc-journal-other-revocation-of-claimant-commitment#8550

Evidence and submissions
Rule 15

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/357075/tax-chamber-tribunal-procedure-rules.pdf

There are some cases where evidence can only be provided in a particular manner, for example, a receipt for a Flexible Support Fund payment.

DWP rules allow claimants to provide evidence of their jobsearch in a manner of their choosing. Therefore, it has to be agreed.

by Welfare-Champion Sat Jul 27, 2019 11:01 am

Latest FOI:

Dear Frank Zola,

Thank you for your Freedom of Information (FoI) request received on 19 July. You asked: Please provide precise details of the legislation and regulations and sections thereof that explicitly state and mention the Universal Credit Journal and that state use of the Journal by a claimant is an entitlement condition of Universal Credit enshrined in legislation and regulation.DWP Response:I confirm that we do not hold the recorded information to respond to your request.

However, to be helpful and to provide context in this situation the following information has been provided outside of our requirements under the FOI Act. DWP has been clear that there is no specific information or legal requirements that compels all Universal Credit claimants, in every case, to use the journal. However some claimants can have a requirement set, to provide information and evidence as part of their work-related requirement for claiming Universal Credit. This requirement can be set by a Work coach under Section 23 of the Welfare Reforms Act 2012, Chapter 2 but it does not compel this evidence to be supplied in a particular way, only that it must be supplied if and when requested

https://www.whatdotheyknow.com/request/590821/response/1404960/attach/2/FOI2019%2026888%20Reply.pdf?cookie_passthrough=1

https://www.whatdotheyknow.com/request/590821/

Edit:

Latest FOI:
Dear Frank Zola,

Thank you for your Freedom of Information (FoI) request received on 19 July. You asked: Please provide precise details of the legislation and regulations and sections thereof that explicitly state and mention the Universal Credit Journal and that state use of the Journal by a claimant is an entitlement condition of Universal Credit enshrined in legislation and regulation. DWP Response: I confirm that we do not hold the recorded information to respond to your request.

However, to be helpful and to provide context in this situation the following information has been provided outside of our requirements under the FOI Act. DWP has been clear that there is no specific information or legal requirements that compels all Universal Credit claimants, in every case, to use the journal. However some claimants can have a requirement set, to provide information and evidence as part of their work-related requirement for claiming Universal Credit. This requirement can be set by a Work coach under Section 23 of the Welfare Reforms Act 2012, Chapter 2 but it does not compel this evidence to be supplied in a particular way, only that it must be supplied if and when requested.

https://www.whatdotheyknow.com/request/590821/response/1404960/attach/2/FOI2019%2026888%20Reply.pdf?cookie_passthrough=1

https://www.whatdotheyknow.com/request/590821/

Sanctions

104.—(1) This regulation specifies the reduction period for a sanctionable failure under section 27 of the Act (other sanctions) where —

(a)the claimant falls within section 21 (claimants subject to work preparation requirement) or 22 (claimants subject to all work-related requirements) of the Act on the date of that failure; and

(b)it is a failure to comply with—

(i)a work-focused interview requirement under section 15(1),

(ii)a work preparation requirement under section 16(1),

(iii)a work search requirement under section 17(1)(b) (to take any particular action specified by the Secretary of State to obtain work etc.), or

(iv)a requirement under section 23(1), (3) or (4) (connected requirements: interviews and verification of compliance).

https://www.legislation.gov.uk/ukpga/2012/5/section/99

99 Powers to require information relating to claims and awards

(1)Section 5 of the Social Security Administration Act 1992 (regulations about claims and payments) is amended as follows.

(2)In subsection (1), paragraphs (h) and (hh) (powers to make provision requiring the furnishing of information or evidence) are repealed.

(3)After that subsection there is inserted—

“(1A)Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—

(a)a claim or award relating to a benefit to which this section applies, or

(b)potential claims or awards relating to such a benefit.”

(4)Subsection (3A) is repealed.

(5)In section 22 of the Social Security Act 1998 (suspension for failure to furnish information etc), in subsection (3), for “subsection (1)(hh) of section 5” there is substituted “ section 5(1A) ”.

https://www.legislation.gov.uk/ukpga/2012/5/section/99

23 Connected requirements

(1)The Secretary of State may require a claimant to participate in an interview for any purpose relating to—

(a)the imposition of a work-related requirement on the claimant;

(b)verifying the claimant's compliance with a work-related requirement;

(c)assisting the claimant to comply with a work-related requirement.

(2)The Secretary of State may specify how, when and where such an interview is to take place.

(3)The Secretary of State may, for the purpose of verifying the claimant's compliance with a work-related requirement, require a claimant to—

(a)provide to the Secretary of State information and evidence specified by the Secretary of State in a manner so specified;

(b)confirm compliance in a manner so specified.

(4)The Secretary of State may require a claimant to report to the Secretary of State any specified changes in their circumstances which are relevant to—

(a)the imposition of work-related requirements on the claimant;

(b)the claimant's compliance with a work-related requirement.

https://www.legislation.gov.uk/ukpga/2012/5/section/99

DWP permits flexibilty in regards to how evidence and information is provided.

by Caker Sun Jul 28, 2019 1:15 pm

The FOI response seems to be suggesting that there is no legislation which compels claimants to use the journal but they can be compelled (under threat of sanction?) to do so if their WC requires it. The WC has no specific legislation to support their requirement, from how it appears.

Anyone read this differently?

by MrFrankZola Sun Jul 28, 2019 5:14 pm

Caker wrote:The FOI response seems to be suggesting that there is no legislation which compels claimants to use the journal but they can be compelled (under threat of sanction?) to do so if their WC requires it. The WC has no specific legislation to support their requirement, from how it appears.

Anyone read this differently?

DWP is using the same logic as applied to Universal Jobmatch. In so far as the Journal and Jobmatch are not explicitly mentioned in legislation or regulation. Under JSA a 'jobseeker direction' cold be used for claimants declining to use Jobmatch. For UC the DWP uses a Claimant Commitment (CC) to include the Journal.

FOI request:

"Please provide precise details of the legislation and regulations and sections thereof that
explicitly state and mention the Universal Credit Journal and that state use of the Journal by a
claimant is an entitlement condition of Universal Credit enshrined in legislation and regulation.

DWP Response:

I confirm that we do not hold the recorded information to respond to your request. "

The FOI Act is suppose to be about disclosure of existing info and not creation of new info to answer questions, so the info for this request is summed up by there being "no specific information or legal requirements". The DWP then go on to create new info to propagate it's approach to a claimant being expected to use the Journal, by ref to there being no legal requirement for "all Universal Credit claimants, in every case, to use the journal". Or put another way, there will always be reasons some claimants cannot use a Journal, such as so called 'non digital' claimants, but they imply that all other cases may well have Journal use included in a CC, as it is an embedded part of a UC account.

A core difficulty for UC is the limited ways a CC can be challenged/reviewed and the DWP BS of suggesting that each UC CC is unique to the individual.

If the Journal is included in a CC, worth analysing the precise wording referring to it. Journal updates are also auto notified to the UC account email address.

Complain to the ICO?

Issues of Journal use, design of the UC account, no-choice auto emails and no-choice* contact by the DWP raise Data Protection issues which could be complained about to the Information Commissioner via casework@ico.org.uk https://ico.org.uk/make-a-complaint/your-personal-information-concerns/

Data Protection rights are individual rights and to pursue such an affected individual (claimant/customer) is best placed to first complain formally to the DWP and if not satisfied then with the ICO and if appropriate share the outcome, as the ICO may clarify whether the DWP approach to CCs, the Journal and the UC account is compliant with the GDPR. One example I have pursued is on the ESA65B 'fit note' letter https://mrfrankzola.wordpress.com/2019/07/23/stopesa65b/

*DWP no-choice methods raise issues of whether claimants have any consent based and opt-in options under GDPR https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/consent/ and the Privacy and Electronic Communications Regulations https://ico.org.uk/for-organisations/guide-to-pecr/

DWP UC FOI responses often seem like little more than propaganda. Take the issue of having social media accounts (an online profile) included in a CC. The DWP has no guidance for 'coaches' but use the same references to creation of a CC https://www.whatdotheyknow.com/request/creating_and_maintaining_an_onli#comment-88558 and https://www.whatdotheyknow.com/request/universal_credit_claimants_and_f#outgoing-916456 Like above FOI it may be useful for claimants to pursue these Data Protection issues via the ICO.

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