requirement of steps to find work

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requirement of steps to find work

Post by Admin on Sun Jul 16, 2017 12:12 pm

Originally posted by oneman:

Print this off and give it to her (the job centre official). (the wording might have changed a little but it is basically the same.)

“a person is actively seeking work if he takes in that week such steps as he could reasonably be expected to have to take in order to have the best prospects of securing employment.”

“… a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.”


"The failure to carry out all or some of the steps set out in your claimant commitment does not, in itself, mean that you were not ‘actively seeking work’. This is particularly relevant where the commitment includes many more steps than the legal test of ‘at least three’."


The law says --Jobseekers Act 1995 Section7(1) and (2)

7.—(1) For the purposes of this Act, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.

(2) Regulations may make provision—
(a) with respect to steps which it is reasonable, for the purposes of subsection (1), for a person to be expected to have to take in any week;
(b) as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of subsection (1) are satisfied in any week.

Steps to be taken by persons actively seeking employment
18.— 2(1) For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.

What the law requires me to do:

“a person is actively seeking work if he takes in that week such steps as he could reasonably be expected to have to take in order to have the best prospects of securing employment.”

Jobseekers Act 1995 Section 7(1)

“ a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.”
Clause 82 of UJ Toolkit says:

82. We cannot specify to a JSA claimant how they provide us with records of their jobsearch activity and Universal Jobmatch will not change this – it is not therefore possible to require JSA claimants to give DWP access to their Universal Jobmatch account, in any way or form ( this includes copies of any UJ accounts). The option is voluntary and needs consent from the JSA claimant. This we can not change.

You may like to mention that maladministration is a disciplinary matter and may affect her employment!!!   What a Face
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Re: requirement of steps to find work

Post by Admin on Sun Jul 16, 2017 12:14 pm

Posted by Mary:

Bob and anyone else in the same situation,

Sorry to read about your grief at the Jobcentre.

To prevent a sanction write to the manager....

Add your details etc.

Dear manager

I had a meeting with x today who advised she was not happy with my job search and she placed me on a warning.

I am concerned that x is not familiar with the law or the duty to provide accurate advice to claimants as follows:

1. There is no requirement in law that I must use UJ to prove I am actively seeking work.
2.     There is no requirement in law that I must seek work daily.  
3. There is no requirement in law that I must corroborate my job search evidence unless it inherently improbable or contradictory.
4. There is no requirement that I must email my CV to Jobcentre plus.
5. There is no requirement in law that I must present my job search in any particular format.

If you disagree with any of these statements, please provide me with the specific legislation that is being applied to support the adviser’s demands and threats of a sanction.

DWP staff are not exempt from the Fraud Act 2006 etc.

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

Yours...
a steps letter is available here

http://respectfulbenefits.forumotion.com/t421-steps-letter#1772
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Re: requirement of steps to find work

Post by Admin on Sun Jul 16, 2017 12:32 pm

Originally posted by Flying Visitor:

This is very interesting:

A UC claimant used JSA caselaw (above) in his Mandatory Reconsideration and won.  Very Happy
https://skwalker1964.files.wordpress.com/2016/12/appeal.pdf

However, the real reason for winning was, that he took reasonable steps/actions for his circumstances,

The  JC official and the first Decision Maker made the mistake of looking at what he did not do and not what he did!

He also secured a job from his activities.


Last edited by Caker on Sun Jul 16, 2017 4:10 pm; edited 1 time in total (Reason for editing : consistency of format)
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