How to avoid the Work & Health Programme

ABC wrote:Continuous in this context will mean any type of claim you've had that isn't separated by more than 12 weeks. So, for example, if you sign off JSA and then claim ESA eleven weeks later the linking rule means that's treated as a continuous claim despite the eleven week no claim break. I think the only absolutely bulletproof way to avoid the WHP is to sign off for more than 12 weeks before being referred if that's within the claimants means. I note on one of the FoI responses though that the Jobcentre has the final decision on who gets referred so I'm not sure if even that would necessarily be true. Perhaps they are able to refer no matter what the circumstances are?

Thanks for the detailed reply. I had a break of 23 weeks between JSA claims. When I went back onto JSA it was classed as a new joint claim, so according to their own rules neither my husband nor myself should be referred for at least 24 months from that new claim date?

I am aware that they may be able to refer us no matter what the circumstances are, but it will be interesting to see what justification they use with my sort of joint claim. I am LTU (since 2013) and classed as disabled under the EA, but my husband isn't. He's not LTU according to their own system as they closed down the entire JSA claim when I claimed ESA. He does not appear on their system for 23 weeks and he personally didn't claim any benefits at all while I was on ESA (I claimed for both of us while he continued to go to work). So, I think they will be hard pressed to justify sending us both on the WHP particularly bearing in mind that we were both sent to the WP for 2 years and it was a total waste of time.  

Here is a link to some of the FOI request as posted by @Non-Def.

https://respectfulbenefits.forumotion.com/t1430-work-health-programme-foi-s-jan-feb-2018

Been looking into this myself and found this template a few years ago that could be useful as a last measure.

It covers all schemes programmes and courses but would like others to look over it any point any potential errors or pitfalls maybe using it at least as a last resort if nothing else ?

Is it not better to ask for everything if you are making a SAR ?

I am adapting that template for my own circumstances.

I have already participated in a very similar/identical course/activity at [name of
provider] on [date].

Namely the work programme and the same provider.


The only issue I can see so far and think someone mentioned it earlier in the thread that they use a black box approach so it would be a physic who could guess what they will actually be expected to do.

But in that case if you do have to comply then keep a diary of the activities for a couple of weeks then use the letter.


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Input the relevant information within the brackets and
delete sections where appropriate, e.g., attend/participate/undertake etc.

Chop and change it to suit your needs but it is a good starting point.

Urgent Attention Required

Add your details & Jobcentre Address

Dear Manager

Inappropriate referral to the [Community Work Programme/Daily
Attendance/other activity]

I wish to complain about the decision made by [DWP / X contractor] on behalf of the
Secretary of State to compel me to attend/participate/undertake [name of activity]
on [date].

The law

A public authority may be acting unlawfully if it has made a decision or done
something:

* Without the legal power to do so (unlawful on the grounds of illegality)
* So unreasonable that no reasonable decision-­‐maker would have arrived at the
same decision or undertaken the same thing (unlawful on the grounds of
reasonableness)
* Without observing the rules of natural justice (unlawful on the grounds of
procedural impropriety or fairness)
* In breach of European Community Law or the Human Rights Act, this includes
article 41 “Right to good administration.” Article 41 (2) the right of every person to
be heard, before any individual measure which would affect him or her adversely is
taken.

I was not provided with the reasons why I had to attend/undertake the [activity/
scheme]. In addition, I was not given the opportunity to explain why it was
unsuitable for me. It therefore arises as a matter of fairness from the Secretary of
State’s proposal to invoke a statutory power in the form of the [activity] and which
may have serious consequences on my ability to meet my living needs, that I must be
provided with all the relevant information as well as advice.
I believe the adviser acting on behalf of the Secretary of State erred in procedure as
well as law.

I have carried out some research of my own and I consider the activity is
inappropriate, my reasons are detailed below:

1. My circumstances

Adapt to suit your situation, some examples:

I have been out of work since [date] and during the past no. years/ months I have
upskilled by completing a part-­‐time course in, gaining [specify] qualification(s).

I have [volunteered/worked] part-­‐time at x for x months/years and as a result I have
gained relevant work experience as well as references; this places me in a better
position to find work in [specify] occupations.

I have already participated in a very similar/identical course/activity at [name of
provider] on [date].

If applicable, add your activity diary here to provide evidence that the mandate to
attend/participate in/undertake [specify the activity] is unreasonable/unsafe/not
beneficial in supporting you back to work.

I have particular circumstances and/or barriers, which make the opportunity
unsuitable for me.

Examples:
a significant disability (whether physical or mental)
a low level of basic skills
a chaotic lifestyle due to drug / alcohol misuse, and
a background that includes serious criminal convictions,

You may need to use the Equality Act 2010 here….
http://www.legislation.gov.uk/ukpga/2010/15/contents

References

Provider guidance:
http://www.gov.uk/government/uploads/system/upl…rovider-­‐guidance.pdf

Add your own references/research here.

2. My proposal

For all the reasons outlined above, I genuinely believe [the activity] will
[jeopardise/not improve] my job prospects.

Adapt to your situation, some examples:
I continue to [work/volunteer at], which compliments and enhances my job
prospects.

I carry out job search at home, which means I can spend more time looking and
preparing for work; I estimate I would spend [x] hours per week travelling to and
from the premises/placement.

I will source a training/work placement that compliments and/or enhances my
skills and abilities within the next 4-­‐6 weeks.

I will use x, y and z job sites to support my job search activity rather than Universal
Jobmatch, these job sites will give me a better prospect of finding work [state why
here]. Further, there is no requirement in law that I must use UJ even if is included
in my Jobseeker Agreement/JSA Claimant Commitment.

Reference: http://www.bailii.org/uk/cases/UKSSCSC/2007/CJSA_1814_2007.html
Paras 9, 10, 11, 13 and 15)

And/or
JSSA 15.9.14
My participation in the activity/scheme will harm my health and/or harm others
[specify how].

You may need to provide medical evidence/certificate.

I must, therefore be supported by, [specify your particular needs and requirements
here].

3. Duty to act and investigate

DWP/[name of the private contractor] has a duty to consider my circumstances fully
and to treat me fairly and reasonably. It must also take the necessary steps to
provide relevant and appropriate support that is proven to be beneficial and will not
cause me harm or distress.

I submit for all the aforementioned reasons that the decision reached by [add name
of individual or organisation] is irrational as well as unlawful. Therefore, I ask for
the decision to be reviewed.

Due to the urgency of this matter I would suggest the requirement for me to
undertake/participate in [name of activity] is suspended immediately, so that my
reasons as well as my circumstances and proposals are investigated thoroughly and
swiftly.

Yours faithfully

CC
MP: [Name]

Personally deliver to your Jobcentre and obtain a receipt or, send your letter
recorded delivery and copy to your MP http://www.theyworkforyou.com/

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dboy wrote:Been looking into this myself and found this template a few years ago that could be useful as a last measure.

It covers all schemes programmes and courses but would like others to look over it any point any potential errors or pitfalls maybe using it at least as a last resort if nothing else ?

Is it not better to ask for everything if you are making a SAR ?

I find asking for specific information is more helpful.  However, having a full record of your payment/LMS history is generally beneficial.  

I am adapting that template for my own circumstances.

The template must include the legislation and the relevant policy etc., as well as the proposed good reasons.

Avoiding a long term scheme is far more complex than a short term programme.  I will submit my ideas hear in due course.

I have already participated in a very similar/identical course/activity at [name of
provider] on [date].

This would normally be insufficient without specific evidence.

Template:

https://respectfulbenefits.forumotion.com/t1460-how-to-avoid-the-work-health-programme-template

Thanks for taking the time to have a look and your comments, eagerly await to see if you can find a lifeline for those who have no wish to collect the prize won on the DWP lottery.

Following on from this post.

Just wondering if it would be worthwhile creating a succinct post on 'how to avoid/challenge a voluntary referral to the W&HP', pulling together all the contributions within recent posts?

Just came across this DWP propaganda video for the WHP:

https://www.youtube.com/watch?v=IQBCPk7Cf-E

It made me chuckle.

Also just found more DWP propaganda:

https://disabilityhorizons.com/2019/09/how-one-man-found-his-passion-and-work-through-the-work-and-health-programme/