Variation of claimant commitment

Just a quick query:

Is there a set process for asking for a cc to be altered? Or, can I just put a message in my UCj and request the wc make amendments that I suggest?


DATA REMOVED FOR PRIVACY REASONS

Some generic guidance

Changing your claimant commitment
You’re looking for a particular wage or kind of job
If you’re told to apply for a job that’s against your beliefs
If they refuse to make changes check if this is discrimination. > https://www.citizensadvice.org.uk/law-and-courts/discrimination/protected-characteristics/religion-or-belief-discrimination/
They’re asking you to travel too much
If your work coach won’t change your claimant commitment
You can also check if the refusal to change your claimant commitment amounts to discrimination.
https://www.citizensadvice.org.uk/benefits/universal-credit/what-youll-need-to-do-on-universal-credit/change-claimant-commitment/

Your Universal Credit Claimant Commitment – general information
https://publiclawproject.org.uk/wp-content/uploads/2018/09/Claimant-Commitment-general-info.pdf (pdf)
https://publiclawproject.org.uk/resources/your-universal-credit-claimant-commitment-general-information/

Thanks Frank
I am just wondering about the timescales for cc changes. I think I might feel a FOI coming on in regard to how soon to expect the wc to act on my request (or provide reasons not to).

Caker wrote:Thanks Frank
I am just wondering about the timescales for cc changes. I think I might feel a FOI coming on in regard to how soon to expect the wc to act on my request (or provide reasons not to).

Not sure of time scales.

Chapter J1: The claimant commitment
Reviewing the claimant commitment
J1030 ( a full extract is shown at the foot of this post)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687080/admj1.pdf
via https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide

Cites

"(2) A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit."
https://www.legislation.gov.uk/ukpga/2012/5/section/14/enacted

Edit: another resource
'Requirement to accept a claimant’s commitment – temporary removal'
"Only one request for a second opinion is allowed for every new or updated
commitment"
http://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/Requirement_to_accept_a_CC-temp_removal_v6.0.pdf
via DEP2019-0465 https://www.parliament.uk/business/publications/business-papers/commons/deposited-papers/?house=1&search_term=Department+for+Work+and+Pensions&itemId=119004#toggle-759
Comment: Have never found this 'resource' easy to understand with regards the "Second Opinion", so would approach with caution and seek to put the burden upon the 'coach' to explain in writing why they do not accept any new CC proposals  and then seek further advice.

There is some comment on 'If your work coach won’t change your claimant commitment'
You can complain to the DWP if you think the decision is unfair.
https://www.citizensadvice.org.uk/benefits/universal-credit/what-youll-need-to-do-on-universal-credit/change-claimant-commitment/

Though if you formally raise why you want the CC changed and give suggestions for amendments and continue to do so via your Journal a record will exist of the change request, which could highlight how the CC does not reflect your circumstances.

Reading:

"If at any time in the claim, a Claimant Commitment is not accepted by a claimant this means there is no entitlement to Universal Credit.
In deciding whether to accept a Claimant Commitment the claimant’s options are:
- a cooling off period from the date they did not accept their Commitment to reconsider their actions
- request a second opinionon whether the requirements of their Commitment are reasonable
- refuse to accept the Commitment"
http://data.parliament.uk/DepositedPapers/Files/DEP2019-0465/CC_-_Commitment_not_accepted_v1.0.pdf
via DEP2019-0465 https://www.parliament.uk/business/publications/business-papers/commons/deposited-papers/?house=1&search_term=Department+for+Work+and+Pensions&itemId=119004#toggle-759


Regarding "at any time" would suggest a claimant  can "at any time" "in the claim" choose from the following "options"


"In deciding whether to accept a Claimant Commitment the claimant’s options are:

- a cooling off period from the date they did not accept their Commitment to reconsider their actions
- request a second opinion on whether the requirements of their Commitment are reasonable
- refuse to accept the Commitment"
http://data.parliament.uk/DepositedPapers/Files/DEP2018-0759/CC_-_Commitment_not_accepted_v1.0.pdf

You can ask the WC on their understanding of http://data.parliament.uk/DepositedPapers/Files/DEP2018-0759/CC_-_Commitment_not_accepted_v1.0.pdf and the "options" you have, which seem to be premised on a 'CC not accepted'  "at any time" "in the claim"

But before communication 'not' accepting the existing CC, would be best to get a written decision from the WC on whether or not they accept and suggested changes and if not, why not.

“I have to accept my claimant commitment”

(not sure if opinions below address a CC that has been accepted, but a claimant now seeks to change it)

"If your work coach does not agree to change your commitment after you’ve raised your concerns with them you have a number of options -

you can request a review of the details and reasonableness of work availability and work search requirements of your commitment. This is carried out by a different staff member and can be requested each time a commitment is updated with new requirements;
the requirement to accept a claimant commitment can be temporarily removed in ‘exceptional circumstances’ where it is unreasonable to expect you to accept one (DWP guidance gives examples of medical or domestic emergencies);
you can refuse to accept the commitment, in which case you will be given a 7-day cooling off period to reconsider your decision before your claim is closed. If your claim is closed for not accepting the contents of your claimant commitment you can request a mandatory reconsideration and then appeal."
https://universalcreditinfo.net/myths/i-have-to-accept-my-claimant-commitment

Extract: Chapter J1: The claimant commitment
Reviewing the claimant commitment
J1030
Reviewing the claimant commitment
J1030 A claimant commitment can be reviewed and updated at such time as the Secretary
of State sees fit1
. Where the claimant’s work-related requirements change then the
claimant commitment should record this.
1 WR Act 12, s 14(2) https://www.legislation.gov.uk/ukpga/2012/5/section/14/enacted

Example
Rory has been in receipt of UC for three months. He has no work and has failed to
find any since losing his job in retail prior to his claim for UC. Rory has worked in
retail for all of his working life. Rory’s claimant commitment includes his work search
requirements which are mainly centred on looking for work in his former occupation.
Rory’s adviser at the Jobcentre decides that Rory’s work search should be
broadened to also include work other than just retail work. Rory’s claimant
commitment is updated to reflect this wider work search requirement and Rory has
to accept the updated claimant commitment in order to retain entitlement to UC.
J1031 Where a claimant commitment has been reviewed and updated then the claimant
must accept it in order to maintain entitlement to UC1
.
1 WR Act 12, s 14(5) https://www.legislation.gov.uk/ukpga/2012/5/section/14/enacted

Note: a ‘cooling off’ period (see J1009) can apply when a claimant commitment is
reviewed. During this period the claimant commitment previously accepted remains
in place and the claimant will be expected to comply with any work-related
requirements agreed as part of that.
J1032 – J1999
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687080/admj1.pdf
via https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide

Edit: 17:22 Whilst this post has a lot to digest, this:
'Disputing a Claimant Commitment for Jobseeker’s Allowance and Universal Credit'
Claimant Commitment – booking a second opinion interview
Summary
https://www.whatdotheyknow.com/request/488887/response/1183865/attach/html/11/Annex%209.pdf.html
More
https://www.whatdotheyknow.com/request/disputing_a_claimant_commitment#incoming-1183865
May be of use

MrFrankZola wrote:Though if you formally raise why you want the CC changed and give suggestions for amendments and continue to do so via your Journal a record will exist of the change request, which could highlight how the CC does not reflect your circumstances.

Now that is exactly what I was thinking.

Caker wrote:Thanks Frank
I am just wondering about the timescales for cc changes. I think I might feel a FOI coming on in regard to how soon to expect the wc to act on my request (or provide reasons not to).

A revision request must be acted on swiftly.

Non Deficere wrote:

Caker wrote:Thanks Frank
I am just wondering about the timescales for cc changes. I think I might feel a FOI coming on in regard to how soon to expect the wc to act on my request (or provide reasons not to).

A revision request must be acted on swiftly.  

Swiftly, in what sense? (any time scale?)  To consider, accept or reject claimant proposals and then put forward a new CC or not?

Does 'swiftly' depend upon the nature of what is being asked in the review request, such as a dispute over an existing and accepted CC or a change in circumstance (+circumstances not recorded or previously acknowledged) or new health condition or disability? [re priority and risk of detriment to claimant]. Whilst ''good reasons'' can exist for not being able to meet CC requirements.


“If I put a note in my journal I should get a reply within 48 hours”
https://universalcreditinfo.net/myths/if-i-put-a-note-in-your-journal-i-should-get-a-reply-within-48-hours

A change of cc request should include a request for an appointment.

If a complaint is made the manager will respond and arrange a CC appointment.

appt this week so I can bring it up in person, but thinking of putting something in UCj ahead of that meeting. Thoughts?

Caker wrote:appt this week so I can bring it up in person, but thinking of putting something in UCj ahead of that meeting. Thoughts?

I would add your concerns to your UCJ, then see how it goes.

will do.