workwise / SWBA

View previous topic View next topic Go down

workwise / SWBA

Post by Admin on Sun Apr 16, 2017 2:20 pm

[quote="FlyingVisitor" post=34622]DWP claim WW is not a SWBA via WDTK site!

Found this, which is useful for any Direction to provision that is more than one day or has multiple elements.

Multiple elements to a Jobseeker’s Direction
30.A Jobseeker’s Direction must be for a one-off specific activity, which the
claimant can reasonably be expected to do.
31.The law requires claimants to comply with a Jobseeker’s Direction – not
individual actions within it. Therefore, the more elements to an activity, the
greater the risk of the claimant not completing the whole activity and so,
not complying with the Jobseeker’s Direction.
32.If claimants are mandated to do an activity with multiple elements, this is
not a correct use of the Jobseeker’s Direction.
It would be considered
unfair to mandate a claimant to multiple activities in one Jobseeker’s
Direction and not in line with the intention in the regulations. So, if the
required activity includes multiple elements, a Jobseeker’s Direction must
be issued for each element.


Example
? If a claimant fails to attend day 3 of a 5 day course and the Jobseeker’s
Direction included attendance for all 5 days, the claimant has failed to
carry it out as soon as they do not attend the third day without good
reason.
? No action can be taken against the claimant if they do not attend the
final two days. If they are still required to attend the two remaining
days, a further Jobseeker’s Direction would need to be issued.
? In this situation, the correct action is to issue separate Jobseeker’s
Directions for each day’s attendance
.

https://www.whatdotheyknow.com/request/368875/response/895711/attach/4/Jobseeker%20s%20Directions.pdf

The WW course generally includes multiple activities:

Basic skills
Employability course
Customer service/retail course
IT course
Supported jobsearch
Work placement
Duration: 6 weeks

Therefore, a JSD cannot be issued..

Examples in the DMG

To assist your search for and/or to improve your prospects of being employed, I am
directing you to take the action stated below:
1. Discuss Work Based Training for Adults (Training for Work in Scotland)
opportunities in hairdressing at your interview with Mr Brown at 10.30am on
3/2/97 at Anytown Training Centre, 5 High Street, Anytown or
2. To attend an Induction day on Tuesday 6 March at the XX, High Street,
Anytown, from 9.45am to 2.00pm or
3. You have expressed interest in working in the Care sector. You must attend
and participate in the Care Sector information session on …………………
at……. or
This will be held at: Anytown Jobcentre, Anytown. By attending this session
you will gain knowledge of roles available and skills/qualifications required.
You will provide evidence of this knowledge when you attend your interview
with your Personal Advisor on ……. or
4. To attend a basic skills assessment at XX Training Services on Thursday
14/2/02 at 14.00pm or
5. To attend a Careers Choice pre-induction event at Kent Street Resource
Centre on Wednesday 22/5/02 at 10.30am or
6. To attend the programme centre at 1 High Street, Anytown on Tuesday
21/5/02 at 11.00am to help and support you in your search and return to
work.[/quote]

[quote="FlyingVisitor" post=34811]Further to some research:

Employability
The course looks at several areas including:
CV building/enhancing
Interview techniques
Universal Job Match tutorial
Cover and speculative letter writing
Confidence building
Mock interviews
Qualification:
City & Guilds Employability & Personal
Development Entry Level 3
Qualification:
City & Guilds Functional Skills ICT
Entry level 2 or 3
Hours: 30


Intro to ICT
This course looks at many basic functions of computing Including some specific job searching areas:
Emailing
Web searching
Downloading and attaching documents
Saving documents
Qualification:
City & Guilds Functional Skills ICT
Entry level 2 or 3
Hours: 24

English & Mathematics Levels EL3, 1 & 2

This course gives you improved Maths and English skills, vital in today’s job market. The qualifications gained are recognised and valued by employers as they look for employees that can quickly adapt to their unique working environments.
Qualification: City & Guilds Functional Skills in English & Maths Entry level 3, Level 1 & 2 (equivalent to GCSE A – C)
Duration: English EL3, L1, L2 : 8 days, time: 9.30 –16:30 Maths L1, L2 : 6 days, time: 9.30 – 0 0 16.30
Hours: 84

Customer Service
This course gives you improved Maths and English skills, vital in today’s job market. The qualifications gained are recognised and valued by employers as they look for employees that can quickly adapt to their unique working environments. Qualification: City & Guilds Functional Skills in English & Maths Entry level 3, Level 1 & 2 (equivalent to GCSE A – C)
Qualification:
City & Guilds Introduction to Customer Service Entry
Hours: 30

www.estuary.co.uk/download.cfm%3Fdoc%3Ddocm93jijm4n2403.pdf%26ver%3D2874+&cd=1&hl=en&ct=clnk&gl=uk" target="_blank" rel="nofollow">http://webcache.googleusercontent.com/search?q=cache:7NIS9R6-ZcUJ:www.estuary.co.uk/download.cfm%3Fdoc%3Ddocm93jijm4n2403.pdf%26ver%3D2874+&cd=1&hl=en&ct=clnk&gl=uk

The full course = 168 hours of the 180 attendance hour requirement.

Therefore, it would appear that Workwise is a full-time course and does not satisfy the 16 hour FTE rule!!![/quote]
avatar
Admin
Admin

Posts : 943
Points : 1939
Reputation : 113
Join date : 2017-04-13

View user profile http://respectfulbenefits.forumotion.com

Back to top Go down

Re: workwise / SWBA

Post by Admin on Sat May 06, 2017 2:38 pm

[quote="FlyingVisitor" post=20009][quote="MWA Victim" post=20006]Thanks for the replies.

From what I gather -

I do have to attend the SBWA. Is that correct? Being that it's essentially another MWA by the sound of it, I certainly wouldn't have signed up if I'd known the full picture. The link you provided doesn't work I'm afraid, so the question remains - Can I leave after the open day and not go any further? My roach said that could be done in front of a roomful of witnesses and my CC simply mandates me to attend the open day, not to carry on after that.

You do not have to attend SBWA

Benefit sanctions for Sector-Based Work Academies

If you don't take part

Deciding whether or not to join the academy is voluntary, but once you accept a place, taking part is compulsory. This means your benefit could be stopped or cut if you don't take part in a Sector-Based Work Academy once you’ve accepted a place.

If your benefit is stopped or cut, tell Jobcentre Plus if you have a good reason for what happened. Tell them as soon as you can - ideally within 5 days. You may also be able to challenge the decision.

If you're guilty of gross misconduct

If you are on a work experience placement in a Sector-Based Work Academy, your benefit can only be stopped or cut if you are guilty of gross misconduct.

If your benefit is stopped or cut, tell Jobcentre Plus if you have a good reason for what happened. Tell them as soon as you can - ideally within 5 days. You may also be able to challenge the decision.

https://www.citizensadvice.org.uk/work/self-employed-or-looking-for-work/government-employment-schemes/#sector_based_work_academies

If you have no interest in the opportunity, you could demonstrate good reason by arguing your attendance at the open day would be irrational.

This is all you need to know:
http://www.ptoetraining.co.uk/?page_id=2201
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/345956/sbwa-employer-guide.pdf


I have to pursue the volunteering thing as well, correct? I wouldn't mind doing a bit of volunteering TBH, the part I have an objection to is basically being forced to take unpaid work with a private employer under the guise of 'volunteering' to stack shelves for 8 hours a day. It's also pretty much impossible to miss the twisted irony in making someone volunteer.

Unpaid work experience is voluntary as described in the post above above unless you agree to it. DWP would need a contract with the organisation. It therefore follows you cannot be mandated to apply for your own work placement. You only need to be available for paid work:

18Work availability requirement

(1)In this Part a “work availability requirement” is a requirement that a claimant be available for work.

(2)For the purposes of this section “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).


[/quote][/quote]
avatar
Admin
Admin

Posts : 943
Points : 1939
Reputation : 113
Join date : 2017-04-13

View user profile http://respectfulbenefits.forumotion.com

Back to top Go down

Re: workwise / SWBA

Post by Admin on Sat May 06, 2017 2:39 pm

[quote="FlyingVisitor" post=20014]FV has pm'd you.

[quote="MWA Victim" post=20011]
You say I don't have to attend SBWA, but then quote stuff saying that taking part is compulsory once I accept a place. At what point have I 'accepted a place'? Is it when I say yes to my roach or when I say yes at the open day?

It only becomes mandatory if you agree to participate in the scheme. It is up to you if you want to attend the info session to find out more about SBWA before reaching a decision.

Moving on to the volunteering bit, does that mean that the roach shouldn't have mandated me to do that?

Yes

I will:
? complete all the activities in Section 1 of my work search and preparation plan
? provide evidence that I’ve done my regular work search activities when required
Page 2 of 4
If, without good reason, I don’t do all these things, my Universal Credit payments will be cut by
£10.20 a day for up to 91 days.
I will also:
? complete all the actions and activities in Section 2 of my work search and
preparation plan
? attend and take part in appointments with my adviser when required

Section 3 of the UC CC is not mandatory - work clubs and voluntary work are not compulsory.

"Work Experience" is only mandatory if you agree to participate in the opportunity.

Recap:
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

I would suggest you ask (in writing) for the WP requirement to seek a work placement to be be revoked and revised to a WRA. You could say you are prepared to consider voluntary work and to make enquires; this activity must be placed in section 3.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269422/foi-3786-13-eg-claimant-commitment-annex1.pdf


I don't know if it makes a difference as well, but when the roach gave me the new CC, they asked me to sign at the bottom and then I kept the signed copy. As far as I'm aware, the roach has no proof I ever even saw the new CC, let alone confirmed receipt of it.

Please do not sign anything you have not read and agreed to. I do not think a Tribunal would accept an explanation that you never saw the CC. I do know some people have been asked to sign blank CC's in group sessions. In this instance there would be many witnesses to the fraudulent activity..
[/quote]

Hope this helps! Smile[/quote]
avatar
Admin
Admin

Posts : 943
Points : 1939
Reputation : 113
Join date : 2017-04-13

View user profile http://respectfulbenefits.forumotion.com

Back to top Go down

Re: workwise / SWBA

Post by Admin on Sat May 06, 2017 2:43 pm

[quote="FlyingVisitor" post=20039][quote="MWA Victim" post=20037]Hi again,

It only becomes mandatory if you agree to participate in the scheme. It is up to you if you want to attend the info session to find out more about SBWA before reaching a decision.

But at what point have I agreed? Is it when I tell the roach I'm interested or am I still free to back out unless I sign something at the open day? My only worry is that my roach will consider my CC as me agreeing to do the whole thing.

You have only agreed to attend an information session, you can ask for this work preparation requirement to be revoked if the information I have provided is sufficient for you to make a decision. The only detail missing is, who the employer might be and the employment sector. Most are in retail or care work. The JC official should know this information.. Agreement takes place when you say you want to participate and you sign your revised UCCC

Section 3 of the UC CC is not mandatory - work clubs and voluntary work are not compulsory.[/quote]

All the things the roach mandated me to do are in section 2 though :dry: Does that mean it's mandatory or was the roach wrong to include things in that section?

[color=#0000ff]Work experience, (which is not defined in the UC legislation) is voluntary until you agree to it as a work preparation requirement within your UCCC..

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.

You have not been required to apply, attend or start a specific work experience opportunity.

"(e)undertaking work experience or a work placement" section 16 (e) of the WRA 2012,

You have been mandated to make an unspecified number of speculative enquiries to unpaid work opportunities. Therefore, this activity must be placed in the WRA (section 3) of the CC or excluded. Further, you say you did not agree to work experience and this is confirmed by you agreeing to attend an information session to find out more before deciding on a work experience opportunity (SBWA).

[b][color=#ff0000]Edit:
To be lawfully mandated:

[li][color=#ff0000]You must have all the information to make an informed decision or, to allow you to make representation.[/li]

[li]The activity must be specific, beneficial and time bound[/li]
[li]You must be notified of the consequences of failing to apply[/li]

Sorry if I'm being a bit thick. I just want to be sure about what I'm doing.

So do I. Let me know via pm if you need further help with this.
[/quote][/quote]
avatar
Admin
Admin

Posts : 943
Points : 1939
Reputation : 113
Join date : 2017-04-13

View user profile http://respectfulbenefits.forumotion.com

Back to top Go down

Re: workwise / SWBA

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum