Universal Credit full service overview - June 2017 video

by **Admin** Wed Mar 14, 2018 7:40 pm

Brutus wrote:
This state sponsored video seems to answer a lot of questions.
I live in a full UC area but I am still on old rules JSA and I have not followed enough the developments in UC.

It seems that introducing an online Journal (Your journal (Universal Credit full service)) they are going around the objection in giving access to the UJM

The relevant parts are at 10:26 (Working with your Job Coach) and specially 11:44 (Work Tools).

Very ominous (apparently they can check when and if you log in and looked for work)

However I dolefully unaware of any legal objections.

by Brutus Wed Mar 21, 2018 12:11 pm

While I am still on JSA I had a quick look at some intersting points about the UC Journal.
First of all some other entries on this forum about the UC Journal

(Nov 2018) Not mandatory requirement for a claimant to use the online universal credit journal to provide evidence of job seeking activity, or provide a CV:

(Oct 2017) DWP says Universal Credit Journal not mandatory for your Work Search records or CV.

(Sep 2017) You must use a Universal Credit journal to provide your CV or Jobsearch record?

(Sept 2017)You must use a Universal Credit journal

(March 2017) universal credit journal explicit consent

Secondly it is worth to look at the Sept 2017 article from the inimitable Frank Zola:

You must use a Universal Credit journal to provide your CV or Jobsearch record?

Again Zola in September 2017 ask the FOI Universal Credit claimant's Journal, to-do lists and Claimant Commitment.

"Please disclose internal DWP and Jobcentre guidance on DWP staff and Jobcentre Work Coach
access and claimant use of the Universal Credit claimant's UC online account Journal, UC online account to-do lists and UC online account Claimant Commitment.
"

To a very unsatisfactory answer

“We do not have guidance on DWP staff and Jobcentre work coach access
and claimant use of UC online account or to-do lists.
I enclose the Universal Credit Full Service guidance on the Claimant
Commitment.”

in October 2017 there is technical question about how to show evidence from the Journal.
The FOI Using a netbook or digital screen device to provide evidence

“Can work search evidence be provided via a claimants own Netbook or other digital device screen or as a printed paper copy – or is it a mandatory requirement that they use the Universal Credit journal to provide this evidence?
Can evidence of an up to date CV be provided via a claimants own Netbook or other digital device screen or as a printed paper copy – or is it a mandatory requirement that they use the Universal Credit journal to provide this evidence?”

To which the DWP answers:

“It is not a mandatory requirement for the claimant to provide the required work search
evidence via their journal. The clamant 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. [/1]”

At last something that can be used!!

But in January 2018

The FOI UC job search evidence format asked the DWP:

““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 or 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.”

Can a Work Coach or the DWP legally compel a claimant to supply information or evidence of their job search in a particular format, i.e. job applications or replies from employers/agencies, or can the claimant supply this evidence in a format of their own choosing, i.e. a written journal?”

and the reply is (quoting a previous FOI)

“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. ”

An answer that is neither here or there.

Perhaps a clearer answer can be found in this August 2017 FOI Work search evidence & the UC online journal

“My request for recorded information held by the DWP is in relation to claimants who are on the Live Universal Credit and Full Service Universal Credit. Please provide me with any recorded information held by the DWP, which states it is a legal or mandatory requirement of Universal Credit that claimants use the online journal to provide evidence of work search.
...”

The answer from the DWP in their bureaucratic language is:

“Section 23(3) of the Welfare Reform Act 2012, which states:
“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.”

This requirement is underpinned by two sets of instructions for handling
Universal Credit claimants in both a Full Service area and a Live Service area. ”

That seems to say yes if it has been specifically requested by the coach. Really not good news.

There is it seems a long-standing confusion about even accessing the Journal in February 2017

a FOI Explicit consent in Full service UC- further questions
was asking

“. We have heard that some service centre staff are refusing to look on the claimant's journal without verbal consent from the claimant at the time of request - please provide the guidance that confirms that such verbal consent from the claimant is required. Alternatively, if this does not exist please could you provide the guidance and/or legislation that states DWP staff CAN check for explicit consent in the claimant's journal without their verbal consent.”

At the time the DWP replyed
"A claimant can use their online account to provide explicit consent to disclose
information. They can do this via their Journal. Consent must be given freely,
unambiguously and in an informed way. The claimant must be clear on the
information that they want to be disclosed and who the information can be
disclosed to. Consent covers a particular query or piece of business. "

But later talk about third party involvement, landlords, etch so it is not clear if they refer to data in the Journal being used outside the coach-claimant confidentiality.

In conclusion it appears to me that without Upper Court decision the DWP itself cannot make its mind up on the issue, perhaps because the law they refer to the 2012 Welfare Reform Act is in itself badly written and ambiguous.

However to the ground floor level coach and even at the decision maker level some of the FOIs could be of use.

Some inquiries also establish what the DWP can mean for “explicit consent”
From the FOI:

Explicit consent in Full service UC

“In DWP guidance on explicit consent / authorisation from a claimant for a representative to
receive information from the DWP, it has always been stated that a consent form /letter can
(and in some cases should) be in writing”

Other Interesting FOIs about the UC Journal are

Requesting reconsideration of decision on closed Universal Credit claim

UC award terminated in full service area- journal entries etc saved and retrievable?

Again this has been a very brief and incompetent search, I am sure someone can add more informative and rational comments.

by Non Deficere Thu Mar 22, 2018 3:32 am

There is no mention of the UC Journal within the Advice for Decision Makers' Guidance

Job search evidence:

J3102 Evidence of work search includes
1. evidence from employers, employment agencies or other bodies that the
claimant has contacted
2. the claimant’s activity on Universal Jobmatch
3. copies of letters or applications that the claimant has sent to employers online,
by post or in person
4. the claimant's uncorroborated written evidence (claimants should keep a
record of their job search and other efforts to find work)
5. the claimant's own verbal evidence, recorded by an officer of the Jobcentre
Plus office.
J3103 Corroboration of the claimant’s evidence is not essential (see ADM Chapter A1).
DMs should note that
1. claimants will not always be able to obtain corroborative evidence if they state
that they have
1.1 “asked around” or
1.2 applied for jobs that are normally advertised and filled by word of mouth
and
2. employers do not always reply to written enquiries.

Proof
J3105 Before determining whether the claimant was meeting the work search requirement
in any week the DM
1. must decide what the claimant did in that week to search for work and
2. may also have to decide what they did to search for work in previous weeks.
The onus is on the claimant to show what steps have been taken1
.
1 UC, PIP, JSA & ESA (C&P) Regs, reg 38(2) & (3) & WR Act 12, s 23(3)

J3106 Determining whether claimants were meeting the work search requirement in any
week requires a comparison between
1. what they in fact did to search for work in that week and
2. what the law required them to do.
J3107 Claimants must take the work search actions that give them the best prospects of
securing work; it will not be enough just to spend time looking for a job. They must
be doing so in an effective manner.

W hi c h w or k-r el at e d r e q uir e m e nt f ail ur e s ar e s u bj e ct t o l o w-l e v el s a n cti o n s
K 5 0 1 5
L o w-l e v el s a n cti o n s a p pl y w h er e t h e cl ai m a nt f ail s f or n o g o o d r e a s o n t o c o m pl y wit h 1 1. a WfI r e q uir e m e nt 2 or 2. a w or k pr e p ar ati o n r e q uir e m e nt ( al s o s e e g ui d a n c e at K 5 0 3 0) or 3. a w or k s e ar c h r e q uir e m e nt – b ut o nl y i n r el ati o n t o a r e q uir e m e nt t o t a k e p arti c ul ar a cti o n s p e cifi e d b y t h e S e cr et ar y of St at e 4 or 4. a r e q uir e m e nt t o 4. 1 t a k e p art i n a n i nt er vi e w a b o ut t h e i m p o siti o n of or c o m pli a n c e wit h a w or k-r el at e d r e q uir e m e nt 5 or 4. 2 pr o vi d e i nf or m ati o n or e vi d e n c e of c o m pli a n c e wit h a w or k-r el at e d r e q uir e m e nt6 or 4. 3 r e p ort c h a n g e s of cir c u m st a n c e s r el e v a nt t o t h e i m p o siti o n of or c o m pli a n c e wit h a w or k-r el at e d r e q uir e m e nt ( s e e f urt h er g ui d a n c e at K 5 0 7 6 – K 5 0 7 7).

No idea why the font has changed when copying and pasting! Rolling Eyes

The requirement is to provide information and evidence. DWP describes the various ways work search evidence can be presented by the claimant.

The requirement to produce a CV can only be in written form (electronically or on paper). There is no reference to the UC Journal.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/687084/admk5.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/661702/admj3.pdf

I imagine the UC Journal guidance will be re-written many times. The same happened when UJ was launched.

by El-dudeareno Thu Mar 22, 2018 2:14 pm

Also I was wondering Non-Def, if you (the claimant) is able to be excluded from the UC-Journal system. What I mean by this is opt out of the UC-Journal, and only be contacted by the work-roach other means? As I haven't seen any options for this, as not everyone like emails etc. Question

by Non Deficere Fri Mar 23, 2018 8:43 am

El-dudeareno wrote:Also I was wondering Non-Def, if you (the claimant) is able to be excluded from the UC-Journal system. What I mean by this is opt out of the UC-Journal, and only be contacted by the work-roach other means? As I haven't seen any options for this, as not everyone like emails etc.

The system is digital be default and only people with particular circumstances will be excluded from using the U Journal.

Currently, there appears to be glitches with the system, for example, uploading documents.

The JC official has the discretion to accept evidence and information in other ways.

“Section 23(3) of the Welfare Reform Act 2012, which states:
“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.”

'May' is my emphasis.

Other references
https://www.rightsnet.org.uk/forums/viewthread/12303/

Cross reference:
https://respectfulbenefits.forumotion.com/t1687-universal-credit-journal-faqs#5501

by El-dudeareno Fri Mar 23, 2018 11:21 am

Thanks Non-Def, so it back to the 'carrot & stick', of forcing claimant to do more and more online regardless of there situation. Rolling Eyes

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