BenefitsAdvice
Would you like to react to this message? Create an account in a few clicks or log in to continue.

Accepting a Claimant Commitment and the seven day "cooling off period"

Go down

Accepting a Claimant Commitment and the seven day "cooling off period" Empty Accepting a Claimant Commitment and the seven day "cooling off period"

Post by UC Fight Back Mon Jul 20, 2020 12:20 pm

When the first new claim Claimant Commitment (CC) is created or subsequently reviewed, a claimant's UC account should indicate a date it must be accepted by ["seven calendar days"], a formal complaint can be made about the CC during this period and the Work Coach can be requested to amend it. You can also ask for a formal 'Second Opinion' of the first or revised CC.

Pragmatically you can within "seven calendar days" accept the CC "so that your Universal Credit claim is able to progress, but to request a review or amendment as soon as possible afterwards"
You can make a complaint via https://makeacomplaint.dwp.gov.uk/ or direct to your local 'complaint resolution team' directly is you are able to find their email address like https://www.rightsnet.org.uk/forums/viewreply/62774/ or via your Journal if you are happy for your Coach and all UC agents to be able to view it. 9 July  2020 complaint handling changes https://www.gov.uk/government/news/dwp-improves-complaints-handling Complaints procedure https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

Need local support, check out https://advicelocal.uk/

Additional CC info

What should I do if I don’t want to sign the Claimant Commitment that my Work Coach offers me?

If you want to refuse [consider] to sign a Claimant Commitment, you should be offered a ‘cooling off’ period to think about this.
DWP guidance suggests that the cooling off period can be a maximum of seven calendar days.

Your Work Coach should explain to you the consequences of not signing a claimant commitment.
An alternative option to refusing to sign your Claimant Commitment would be to sign and accept one so that your Universal Credit claim is able to progress, but to request a review or amendment as soon as possible afterwards.
https://claimantcommitments.org.uk/universal-credit-claimant-commitments/

universalcreditinfo
, your new quick reference guide to universal credit regulations, guidance and case law.
https://universalcreditinfo.net/

Universal credit: Claimant commitment
https://revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/claimant-commitment/

Legislation:
Accepting a claimant commitment
(4) A person must accept a claimant commitment by one of the following methods, as specified by the Secretary of State—
(a) electronically; [UC account]
(b) by telephone; or
(c) in writing.
https://www.legislation.gov.uk/ukdsi/2013/9780111531938/part/2/crossheading/accepting-a-claimant-commitment

Chapter J1: The claimant commitment
J1010 The cooling off period should be a maximum of seven days
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) 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.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687080/admj1.pdf
Via

"Cooling off period

If a claimant accepts their commitments during the cooling off period, the claim continues from the original date of claim.
Claimants unable to accept their commitments in the office (or donot accept the content of the commitment) have a “reasonable” amount of time to consider it, currently set at 5 working days/7calendardays.
This is also known as the “cooling off period”.
It must be explained to the claimant that failure to accept their commitment within 7 calendar days will result in the claim being closed.

If they have not accepted the commitment or requested a second opinion by the end of any “cooling off” periodthen they have failed a condition of entitlement and their Universal Creditclaim will close.
They must be notified of thisdecision by an outcome decision notification which sets out their rights to mandatory reconsideration and appeal.

Second Opinion

Claimants in the intensive work search regime who refuse to accept their commitmenthave the option to ask for any work availability requirements or work search requirements to be reviewed by a second coach.
However the claimant and any partner must be informed of the consequences of not accepting their commitment.
Also if the original requirements are considered to be reasonable then they will not be entitled to Universal Credit for the period the commitmentswere refused and in most cases this will lead to theirclaim being closed (or in the case of a new claim –a revised date of claim).
Only one request for a second opinion is allowed for every new or updated commitment.
If it is decided that the original requirements were unreasonable, those requirements should be amended and a new commitment created.
The claimant should now accept this commitmentand their claim will continue (from original date of claim).
Where the second opinion review does not amend the commitment, the claimant should accept the original version and the date of claim becomes the date of acceptance.  
If at the outcome of the review the claimant does not accept a reasonable commitment(either a revised one or the original) they must be advised that the claim will end. This includes where this is a couple claim.They cannot request a further “cooling off period” or second opinion.They have failed a condition of entitlement and their Universal Credit claim will close. They mustbe notified of this by an outcome decision notification which sets out their rights to mandatory reconsideration and appeal."
Universal Credit full service guidance, February 2019. 157 docs
DEP2019-0465
Requirement_to_accept_a_CC http://data.parliament.uk/DepositedPapers/Files/DEP2018-0759/Requirement_to_accept_a_CC_-_v5.0.pdf
More CC related guidance
https://www.parliament.uk/business/publications/business-papers/commons/deposited-papers/?house=1&itemId=119004&page=3&search_term=Department+for+Work+and+Pensions#toggle-465

UC Fight Back

Posts : 10
Points : 14
Reputation : 0
Join date : 2020-07-03

https://ucfightback.wordpress.com/

Back to top Go down

Accepting a Claimant Commitment and the seven day "cooling off period" Empty Re: Accepting a Claimant Commitment and the seven day "cooling off period"

Post by UC Fight Back Mon Jul 20, 2020 3:34 pm

Dangers of requesting a 'Second Opinion' (Catch 22)

Claimant Commitment –book a second opinion interview

If the claimant is still within the cooling-off period, the consequences of requesting a second opinion interview must be explained to them before the interview is booked. These are the following: once they have requested a second opinion the 5 day cooling-off period ends and they will no longer be able to accept the disputed Claimant Commitment

the second opinion interview must be conducted on the same day,
or exceptionally on the following working day after the requestif the second opinion does not change the disputed Claimant Commitment,
the claim to Universal Credit will be terminated (if the claimant wants to make a new claim they must do this online from the next working day
- their new claim start date will be the date they submit their new claim)
if the second opinion does change the disputed Claimant Commitment then the Universal Credit claim will continue with the original claim start date if there have been no other changes in their circumstances
- the claimant must also be made aware that there will not be any further cooling-off period for this Claimant Commitment following this second opinion
The claimant must be offered the opportunity to accept the disputed Claimant Commitment prior to booking the second opinion interview.
5 December 2016
https://www.whatdotheyknow.com/request/366996/response/904624/attach/html/32/29%20Claimant%20Commitment%20not%20accepted%20book%20second%20opinion%20interview.pdf.html

So it is worth reiterating:

What should I do if I don’t want to sign the Claimant Commitment that my Work Coach offers me?

If you want to refuse to sign a Claimant Commitment, you should be offered a ‘cooling off’ period to think about this. DWP guidance suggests that the cooling off period can be a maximum of seven calendar days. Your Work Coach should explain to you the consequences of not signing a claimant commitment. An alternative option to refusing to sign your Claimant Commitment would be to sign and accept one so that your Universal Credit claim is able to progress, but to request a review or amendment as soon as possible afterwards.
https://claimantcommitments.org.uk/universal-credit-claimant-commitments/

UC Fight Back

Posts : 10
Points : 14
Reputation : 0
Join date : 2020-07-03

https://ucfightback.wordpress.com/

Back to top Go down

Back to top

- Similar topics

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