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restart action plans

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DeafBloke
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Post by oneman Sun Sep 25, 2022 3:38 pm

Niceguy. Here is all you need to know. At the end of the day this is a voluntary activity and can't be mandated.

Restart scheme providers guidance.

Will the activity help them prepare for or move into work?
8.10. All activities your Participant undertakes during their time on the Restart Scheme must help them prepare for or move into work – this applies to activities you agree your Participant will complete on a voluntary basis and those you mandate them to undertake.

8.11. DWP does not provide a prescriptive list of activities. You have the freedom to determine the activity you require your Participant to undertake, provided it has the clear aim of helping them prepare for or move into work.

8.12. The only restriction to this is mandating your Participant to complete work experience, apply for work, attend a job interview or take up work. You may agree these as voluntary activities, but you must not set these as mandatory requirements. Where you have concerns about your Participant’s willingness to attend job interviews, or take up work, you should raise these concerns with the Participant’s Jobcentre Plus work coach via a two-way or three-way conversation, as appropriate.
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Post by Guest Mon Sep 26, 2022 11:10 am

niceguy1984 wrote:Thanks for replys people reading the action plan it is on peopleplus paper work, no mention about Mandatory Activity Notification or santions on paperwork.

jobberpw being googling about case law but cant find anything

Thanks for all the help so far


Will have a look as may have it somewhere on PC. Dont want to advise incorrectly.

Here we go, in regard as to not having to apply/look for a certain amount of vacancies as roach shop like to instruct :


The legislation
3. The duty to actively seek work is not in any case to be found in the job seekers agreement but in S7 of the Act. S7(1) provides:

“a person is actively seeking work if he takes in that week such steps as he could reasonably be expected to have to take in order to have the best prospects of securing employment.”

4. More detail is set out in regulation 18 of the Regulations. Regulation 18(1) provides that:

“… a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.”

Mr Commissioner Williams held at para 10 & 14 of CJSA/1814/2007

That info can be found here:

https://www.disabilityrightsuk.org/how-we-can-help/benefits-information/law-pages/case-law-summaries/selected-commissioners-decisions-0

https://www.casemine.com/judgement/uk/5a8ff76660d03e7f57eac1b8



but i dont think things have changed, as in forcing someone to apply for a certain amount of vacancies per day or week especially; when logic would dictate that there is no guarantee x amount of vacancies would actually be there, let alone, be suitable for the claimant. Tip. Do not agree to do something you can typically argue as unfair and unreasonable in their so called claimant "agreement". Do read the full case by Commissioner Williams as well worth printing out and tell them you will recite that particular case to your MP if need be, and drag them into the same arena. Dont let them bully you. Stop them if you can. Twisted Evil
[/color]

“That is illustrated by this appeal. C was required by his Agreement to take 6 steps each week and several other steps from time to time. That is clearly more steps than the regulation requires of me to meet the test of “actively seeking work”. And it is more steps than the Agreement asked me to record. On the facts, the secretary of state's representative now accepts that C took four steps in the week and that those four steps met the test in section 7(1).”


“Further, there is nothing in the Act or the Regulations requiring that a claimant must comply with everything in the Agreement. The reverse is the case. The agreement must comply with the law. To be valid, a jobseeker’s agreement must comply “with the prescribed regulations in force”: section 9(1) of the Act. The pattern of the legislation is that a jobseeker’s agreement must comply with the test of actively seeking work in sections 1(2)(c) and 7 of the Act and regulation 18 of the Regulations and not the other way round.”




Transcript: 2007


CJSA 1814 2007

DECISION OF THE SOCIAL SECURITY COMMISSIONER

1 I allow the appeal. For the reasons below, the decision of the tribunal is wrong in law. It is set aside. With the agreement of both parties, I substitute for that decision the decision that the tribunal should have taken. This is:

Appeal allowed. The decision of the Secretary of State of 9 11 2006, superseding the decision of 28 3 2006, is set aside. The appellant was actively seeking work in the period 31 10 2006 to 6 11 2006. That is therefore not a ground for superseding the decision awarding jobseeker’s allowance to the appellant during that period.

For the avoidance of doubt, this means that there is no break in the appellant’s entitlement to jobseeker’s allowance for the period 31 10 2006 to 6 11 2006. He does not therefore need to make a new claim for that or the following period. He is also entitled to any relevant credited earnings for contribution purposes for the period.

2 The claimant and appellant (C) is appealing with my permission against the decision of the Worcester tribunal on 5 02 2007 under reference 055 06 00550.

REASONS FOR THE DECISION

C’s jobseeker’s agreement
3 This appeal arose from a dispute between C and an adviser at his local Jobcentre about whether he was actively seeking work during the week starting 31 10 2006. This was because of a difference between them about whether C had met his obligations jobsearching that week.

4 The dispute was stated to be about what C’s jobseeker’s agreement (“the Agreement” in this decision, but often abbreviated to “JSAg”) required him to do. I set the relevant parts of the Agreement out in full. The Agreement stated that what C “will do to identify and apply for jobs” is:

Write to at least 1 employer a week
Phone at least 2 employers a week
Contact Jobcentre Plus Direct at least 2 times a week
Ask friends and people I have worked with before
Look at [a named local weekly paper] each week and [a trade journal] occasionally

Further down the page C is told:

“Take the following steps each week:

Read the reverse of this jobseeker’s agreement and record three weekly jobsearch activities on it. Bring this to each signing day. Apply for any suitable vacancies at least one per week either advertised or on spec. Use all available resources including searching jobpoints before each signing day or adviser interview, jobcentre website at www.jobcentreplus.gov.uk, jobseekers direct on 0845 60 60 234 and www.directgov.uk.”

5 During the week in question C read the papers, applied for two jobs, went to the Jobcentre once, and used the local internet facilities in the library to check the Jobcentre website. The adviser advised that this was a breach of the agreement both because the jobs for which he applied were unsuitable and because C had not visited the Jobcentre twice “as directed on his JSAg”.

The tribunal decision
6 The tribunal agreed with both parts of that decision after an oral hearing. C appealed to the Commissioner on several grounds. I do not need to examine the full detail of either the tribunal’s decision or all the grounds of appeal. The Secretary of State’s representative now accepts that both the original decision and the decision of the tribunal were wrong both in law and in fact. I was invited to set aside the tribunal decision and replace it with the decision at the head of this decision. I do so with consent of both parties.

Actively seeking work
7 This appeal also illustrates a number of points of more general importance that deserve consideration. I comment partly because C felt so strongly about being accused of not looking for the right job. I also do so because both the Jobcentre adviser and the tribunal appear to have ignored or overlooked both the terms of the Jobseeker’s Allowance Regulations 1996 (“the Regulations”) and also what the standard wording in C’s Agreement actually says. They both found that C had failed to comply with requirements that were not in the Agreement. They did not consider whether those requirements were consistent with the Regulations.  

8 The Jobseekers Act imposes duties on claimants and also gives rights. The requirements imposed on C both in the Agreement and generally must be consistent with the law. I stress that because in this case both the adviser and the tribunal were requiring too much of the claimant.

What steps must be taken?
9 The first error made by both the adviser and the tribunal is that they applied a negative test, not a positive test. The law imposes a test that asks what the claimant did.  They looked at what C did not do, not what he did do.

10 Section 1 of the Jobseekers Act 1995 (“the Act”) imposes the requirement that a claimant actively seeks work. Sections 7 of the Act defines the test:

“a person is actively seeking work if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment”.

In other words, if asked, a claimant must show what he or she did that week to get work.

11 More detail is set out in regulation 18 of the Regulations. Regulation 18(1) provides:

“… a person shall be expected to have to take more than two steps in any week
unless taking one or two steps is all that is reasonable for that person to do in that week.”

This is the benchmark for judging the reasonableness of the claimant’s actions.
Regulation 18(2) illustrates (but does not define) this by listing steps that are reasonable for a person to be expected to take.

12 That this is the benchmark is confirmed by the standard wording on the Agreement given to C. He was to record “three weekly jobsearch activities” each week on the back of the form. That is an indication on the form itself that the law does not require him to do everything on his Agreement where, as here, that requires him to undertake significantly more than three activities a week.

13 Further, there is nothing in the Act or the Regulations requiring that a claimant must comply with everything in the Agreement. The reverse is the case. The agreement must comply with the law. To be valid, a jobseeker’s agreement must comply “with the prescribed regulations in force”: section 9(1) of the Act. The pattern of the legislation is that a jobseeker’s agreement must comply with the test of actively seeking work in sections 1(2)(c) and 7 of the Act and regulation 18 of the Regulations and not the other way round.  

14 That is illustrated by this appeal. C was required by his Agreement to take 6 steps each week and several other steps from time to time. That is clearly more steps than the regulation requires of him to meet the test of “actively seeking work”. And it is more steps than the Agreement asked him to record. On the facts, the secretary of state's representative now accepts that C took four steps in the week and that those four steps met the test in section 7(1).  

15 The questions to be asked where it is alleged that someone is not actively seeking work are those following from section 7(1) and regulation 18(1), not from the agreement. They pose three questions, to be answered by the claimant’s actions that week:
(a) Should the claimant be expected to take at least three jobsearch steps that week, or is it reasonable that only one or two be taken?
(b) What steps were taken?
(c) In the light of that reasonable expectation and those findings, were the steps taken by the claimant “such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment” (section 7(1))?
If the steps by the claimant taken meet that test, it is irrelevant that the claimant did not also take some other step, whether or not it is in the jobseeker’s agreement.  

16 The tribunal erred in law in not considering this but deciding instead that C had not visited the Jobcentre twice.

Visiting the Jobcentre
17 There was another reason why the tribunal was wrong in deciding that C was wrong in not visiting the Jobcentre twice in the week.  That is not what C’s Agreement actually states. As the text above shows, the Agreement required C to contact Jobcentre Direct, not the Jobcentre, twice a week. It did not require him to pay any weekly visits at all to the Jobcentre (though other provisions require him to visit to sign on or attend any interview).  It was the adviser who replaced a requirement to telephone Jobcentre Direct with an alleged requirement to visit the Jobcentre. But this was not put in the Agreement. As a result, the test of reasonableness required by section 9(6) of the Act was not applied to it. This error was repeated in the submission to the tribunal. It appears that the tribunal looked at the submission and not at the Agreement itself. Had it looked at the Agreement it would have seen that there was no basis in fact for the contention that C failed to meet his Agreement in not attending the Jobcentre twice. C’s visit to the Jobcentre once in the week meant that he took a positive step not required in his Agreement. Far from being criticised for that, he should have been given credit for doing it.

Using the official website
18 C stated that he had visited the Jobcentre physically once during the week. He had also visited www.jobcentreplus.gov.uk. He said in his grounds of appeal that he used:

“…the jobcentre facilities and website available in the local library which is exactly the same as used in the jobcentre. “

The adviser decided that this did not count as a visit to the Jobcentre or as a step in jobseeking. The tribunal agreed. They were wrong on that also.

19 The secretary of state's representative confirms as fact that C is correct about www.jobcentreplus.gov.uk. This is because “the Jobcentre website holds all the same job vacancies which can be found on the Jobcentre’s computer system.” The secretary of state's representative also accepted as fact that a visit to the website is therefore as effective a step in looking for employment as use of a jobpoint on a visit to a Jobcentre itself. Access to the official website is also one of the steps encouraged in the formal wording printed on C’s jobseeker’s agreement.

20 It follows that the adviser and tribunal were also both wrong not only in fact but in law in dismissing a visit to the website as not being a step taken by C as part of his jobsearch. Their error is difficult to understand. C was told to do this on the Agreement itself. Other facts in the appeal emphasise the point. Another issue in dispute was about C’s accepted qualifications in information technology. If C was expected to apply for IT jobs, as he was, why was it not reasonable for him to jobsearch by internet?

21 This appeal illustrates the speed at which technology can go ahead of law and official instructions. In my view it must in 2007 be as reasonable – perhaps more reasonable in some cases - for claimants to conduct regular jobsearches and make job enquiries by internet and email rather than by actual visits to Jobcentres and libraries or by writing letters. I see no reason why someone should have to go to a Jobcentre to use a jobpoint when they can get exactly the same information from any computer connected to the internet. And most newspapers can now also be read as thoroughly over the internet as in print form. Indeed, some information is published only in electronic form, a practice the Department for Work and Pensions itself uses. It must be reasonable for applications for, and enquiries about, jobs to be made in the most appropriate way - and not by some having to be by letter and some by telephone as C was told in his Agreement. For example, in this appeal one of the job advertisements detailed in the papers asked for applications by email and expressly stated “No Phone Calls”. By contrast, another asked for telephone calls only.

22 At the same time, the ease with which jobsearches, and direct contact with many employers can be made electronically is directly relevant in deciding what is reasonably to be expected of a jobseeker actively seeking work. While there may, as the secretary of state's representative noted, be issues about proof, it would now seem entirely possible for someone with the necessary facilities and skills to meet the weekly requirements of section 7

and regulation 18 for jobsearching by using a computer, internet, webphone and email alone and without leaving home. However, claimants would be wise to remember the advice of Commissioner Brown in the Northern Ireland decision C1/00-01 (JSA) and C2/00-01 (JSA) to keep a record and corroborative proof. Much computer software automatically does that.  






David Williams
Commissioner
13 09 2007

[Signed on the original on the date stated]

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Post by oneman Mon Sep 26, 2022 12:50 pm

Wow jobberpw thanks for that.

That brings back some memories of my first sanction many years ago and the info is still relevant today for JSA clients. I think niceguy1984 has been on UC for two years and that is a total different ball game.

https://www.gov.uk/government/publications/restart-provider-guidance/chapter-8-mandating-participants-to-undertake-activity

8.44. The UC MAN must contain the following information:

the specific action that the Participant is required to undertake to meet the requirement

when or by when they must undertake it

the location of the activity

what evidence they must supply to demonstrate completion, if any

a contact name and number of activity provider

the compliance condition they must undertake if they fail to comply, and a sanction is subsequently imposed – see paragraph 8.56 for further information.
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Post by london123 Mon Sep 26, 2022 9:09 pm

oneman wrote:
london123 wrote:i addended  the restart with Maximus even though I am 65 with multiple health issues, i have a sick note but still, have to go  they  have just recently told me i will have an health coach, who will ring me over four weeks, six 45-minute sessions, to discuss what sort of work i am able  do, and talk about my health,lol

Hi london. if you have a fit note from your doctor then you do not have to go into the jobcenter or do the restart programme.
Who told you you have to go in as this is rubbish and could also affect your health further.
I presume you have entered your fit note into your journal and if so they should give you a time to re-attend after you fit note has ran out.
Have you had a work capability assessment? If not then you are still required to prepare for work until an outcome is reached. You should put in a complaint to the manager and say it is causing you anxiety along with all your other issues. A letter of support from your doctor will also help.

Do not take or participate in the phone calls. Just keep sending fit notes and letters until you get a WCA.

It sounds like you have been put on the Work and Health Programme? It’s voluntary - unless you’ve been out of work and claiming unemployment benefits for 24 months.

my work coach at jobcentre says the rules have changed, and everyone on sick who as sick note has to attend jobcentre now, it's not like it used to be, I failed my assessment but then after a recent bone scan found out I have now got osteoporosis so i started a fresh sick note, for osteoporosis and will carry on with that until my new assessment. the restart course knows i have a sick note as well and they are preparing me for work not looking for work due to a sick note.

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Post by Guest Mon Sep 26, 2022 10:52 pm

Maybe of interest to some.

https://www.whatdotheyknow.com/request/whats_changed_in_the_law_that_no
Dear Department for Work and Pensions,

JOB SEARCH
UNIVERSAL CREDIT
JOB SEEKERS ALLOWANCE.

I got a phone call from so-called job center plus staff member stating we now have to attend job center for signing on.

During the phone call the so-called job Centre adviser stated the rules of searching for a job. Has changed and I need to provide more detail evidence of job search.

As I am aware the law or regulation has no changed on providing evidence of my job search has not changed example the evidence I provide is via word of mouth, example: searched the internet 30 times a day 7 days a week.

Actively Seeking Employment
Reviewing job search
The Jobseeker's Allowance (JSA) Regulations don't specify that claimants must
keep written records of their job search.


"Where a claimant has done all that could reasonably be expected of them – for example they
have applied for all suitable jobs and undertaken all the activities set out in their Claimant
Commitment - this will be considered sufficient even if the time taken was less than their
expected hours.
"

"76. We cannot specify to a JSA claimant how they provide us with records of their
jobsearch activity"

"194. The JSA Regulations do not specify that claimants must keep written records of
their job search."

QUESTION
what’s changed IN LAW REGULATIONS? JSA AND UNIVERSAL CREDIT?


In red, they would need to show by proposing a claimant applies for 6 jobs daily /weekly, that was indeed reasonable. I dont think they could show it to be. Just another of their idealistic nonsense.






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Post by Guest Mon Sep 26, 2022 10:58 pm

london123 wrote:
oneman wrote:
london123 wrote:i addended  the restart with Maximus even though I am 65 with multiple health issues, i have a sick note but still, have to go  they  have just recently told me i will have an health coach, who will ring me over four weeks, six 45-minute sessions, to discuss what sort of work i am able  do, and talk about my health,lol

Hi london. if you have a fit note from your doctor then you do not have to go into the jobcenter or do the restart programme.
Who told you you have to go in as this is rubbish and could also affect your health further.
I presume you have entered your fit note into your journal and if so they should give you a time to re-attend after you fit note has ran out.
Have you had a work capability assessment? If not then you are still required to prepare for work until an outcome is reached. You should put in a complaint to the manager and say it is causing you anxiety along with all your other issues. A letter of support from your doctor will also help.

Do not take or participate in the phone calls. Just keep sending fit notes and letters until you get a WCA.

It sounds like you have been put on the Work and Health Programme? It’s voluntary - unless you’ve been out of work and claiming unemployment benefits for 24 months.

my work coach at jobcentre says the rules have changed, and everyone on sick who as sick note has to attend jobcentre now, it's not like it used to be, I failed my assessment but then after a recent bone scan found out I have now got osteoporosis so i started a fresh sick note, for osteoporosis and will carry on with that until my new assessment. the restart course knows i have a sick note as well and they are preparing me for work not looking for work due to a sick note.



London123, you need to do a Mandatory reconsideration if you failed your last WCA. Or just keep going with the flow. Fit notes wont stop them. They eventually lead to the circus of WCA and you need to appeal your last WCA depending how long ago that was. There are time limits to do this and no sure off top of my head. Contact CAB to do an MR for you or seek further advice.

https://www.gov.uk/mandatory-reconsideration#:~:text=You%20need%20to%20ask%20for,the%20date%20of%20the%20decision

''
Some decisions cannot be reconsidered. Others can go straight to an appeal. Your original decision letter will say if this applies to you.

You need to ask for mandatory reconsideration within one month of the date of the decision.

''


I sent you the info on that long time ago. Knowing that was likely to happen as it does for so many.

They are hell bent on taking the mick where they feel they can. They are clearly not taking your situation into ''full consideration.''



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Post by Gallazz Tue Sep 27, 2022 2:20 am

jobberpw wrote: London123, you need to do a Mandatory reconsideration if you failed your last WCA.

@London123, As your circumstances have changed since your last assessment (in that you now have osteoporosis), you were right to make a new claim. If you requested an MR of the last assessment, they couldn't take any new conditions into account - the result is based on your circumstances on the date of the first claim. Does that make sense?

Like jobber says, if you fail your next assessment, you'd be mad not to appeal it, because there's a high chance that you'll win. I mean at tribunal, not at MR. Tribunals had a success rate of 66% in the latest set of figures, compared to 17% at MR. That's because the tribunal decision isn't made by the DWP!

The WCA doesn't all rest on you scoring the 15 points, either - you can pass because of 'exceptional circumstances', defined as follows:

"You suffer from some specific disease or bodily or mental disablement and because of that there would be a substantial risk to the mental or physical health of any person if you were found not to have a limited capability for work."

I hope that makes it seem less overwhelming.

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Post by Guest Tue Sep 27, 2022 8:34 am

Its incredible that their still peddling these schemes as a way to economic success.
In red is what I'd be taking them to task with if i was in London123's position. I am of the same age group, also with health conditions but seems they dont give a crap as long as they can get any bum on any seat long enough to receive a payment. No different from WP, WHP etc.  

Feel very sorry London and I would not like to be forced into this circus all because of someone's idealistic idea.


Restart Scheme – Claimants with a health condition or disability

Claimants with a fit note, awaiting a Work Capability Assessment (WCA) or awaiting the WCA outcome  Claimants eligible for the Restart Scheme, who have a fit note, awaiting a WCA, or the outcome of a WCA must not automatically be discounted for referral; however, consideration is needed on a case by case basis.   You must: • use your knowledge of the individual claimant and the impact of their health condition and consider whether participation in the Restart Scheme can be considered a realistic and achievable goal.

In red is what I'd point them towards London and very strongly. Seek advice outside of this forum if needed as you may have a case to pursue. Maybe go see your Dr and ask their opinion on their treatment of you.  

Dreading the day i get the call to attend another wonderful opportunity of "only we can fix you Evil or Very Mad . Not the NHS etc"

Gallazz is 100% bang on explaining why you should appeal London.

It will be the only way out of these scams and if nothing else will typically slow down any interventions with roach shop.

London123 wrote: everyone on sick who as sick note has to attend jobcentre now.
Dont think that's the case if the GP ticks the appropriate box on the med3 sick note for London. Do check that, as there is one specific box for this, or use to be. Signs you off for any work ?

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Post by Archangel Tue Sep 27, 2022 11:57 am

niceguy1984 wrote:I have just started the Restart program with reed/peopleplus on the action plan the reed advisor has put

'complete job search and apply for at least 6 vacancies a week and send evidence to the advisor of the job applications made this is to be completed each week and advisor will keep track on progress of job application submissions'

Is the action plan a mandate? i apply for jobs each week and record info etc. but i refuse to send him evidence etc, what right do i have not to do this what can i do now?

Thanks in advance

Nice guy


If this is all you have to do on Restart, then my fears about it might have been premature.

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Post by london123 Tue Sep 27, 2022 3:53 pm

jobberpw wrote:Its incredible that their still peddling these schemes as a way to economic success.
In red is what I'd be taking them to task with if i was in London123's position. I am of the same age group, also with health conditions but seems they dont give a crap as long as they can get any bum on any seat long enough to receive a payment. No different from WP, WHP etc.  

Feel very sorry London and I would not like to be forced into this circus all because of someone's idealistic idea.


Restart Scheme – Claimants with a health condition or disability

Claimants with a fit note, awaiting a Work Capability Assessment (WCA) or awaiting the WCA outcome  Claimants eligible for the Restart Scheme, who have a fit note, awaiting a WCA, or the outcome of a WCA must not automatically be discounted for referral; however, consideration is needed on a case by case basis.   You must: • use your knowledge of the individual claimant and the impact of their health condition and consider whether participation in the Restart Scheme can be considered a realistic and achievable goal.

In red is what I'd point them towards London and very strongly. Seek advice outside of this forum if needed as you may have a case to pursue. Maybe go see your Dr and ask their opinion on their treatment of you.  

Dreading the day i get the call to attend another wonderful opportunity of "only we can fix you Evil or Very Mad . Not the NHS etc"

Gallazz is 100% bang on explaining why you should appeal London.

It will be the only way out of these scams and if nothing else will typically slow down any interventions with roach shop.

London123 wrote: everyone on sick who as sick note has to attend jobcentre now.
Dont think that's the case if the GP ticks the appropriate box on the med3 sick note for London. Do check that, as there is one specific box for this, or use to be. Signs you off for any work ?


i did appeal the assessment and gave  new evidence from my doctor osteoporosis , that was 3 months ago still waiting for a decision.

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Post by oneman Tue Sep 27, 2022 4:16 pm

london123 wrote:

my work coach at jobcentre says the rules have changed, and everyone on sick who as sick note has to attend jobcentre now, it's not like it used to be.

This is absolute bullshit! What is the point of a fit note then?
Ask your work roach to show you the regulations where it states this.
Your doctors fit note overrides any bullshit they tell you.

I am on the restart programme . I also have a fit note. I do not attend any appointments with Jobcentre or the restart programme. They keep sending me appointments and I keep getting failed to attend messages from them, but because I have a fit note to say Im not fit for work. I don't need to go and do not attend.
 Their useless system will then put you on the merry-go-round and issue you with a failed to attend notification as nobody can figure out how to stop them. I just had one today.

This is what happens in your journal.

Failed to attend commitment review (date and time) in a jobcentre.

I then write a note saying "Once again I have not failed to attend. I have a fit note Please read it and correct this!"

They then write "Good morning.
We have re-arranged your appointment for (new date and time.)

I reply "Your more incompetent than (work roach name).  Stop being so silly and make an appointment after the fit note ends. Why clog up the system with appointments that will not be kept. You ask me to declare a fit note then ask me to come in the next week, are you being stupid on purpose? Please read the journal so you know what you are doing."

They reply "Details on fit note
Fit note start date: (date)
Fit note end date: (date)
Fit note accepted? Yes"

"Hi.
I have accepted your fit note based on the information you have reported. If this is not right or, your circumstances have changed, please let us know through your journal. Please do not bring your fit note into the Jobcentre unless you are asked to do so. Keep your fit note as I may need to see it in the future.
Thank you"

Then it all starts again. Failed to attend commitment review (date and time) in a jobcentre.

I reply "Once again I have not failed to attend. Please correct this!"
They then send you a link to ask why you have not attended.

"TitleFailure to attend appointmentAgent notes.
You did not attend your appointment at (date and time) a Job Centre. You need to tell us in the notes box why you missed this appointment or contact us on 0800 328 5644. You must also book and attend a new appointment. Attending your appointments is something you agreed to do in return for receiving Universal Credit. You should attend any further booked appointments. If you do not attend your appointments, without what we believe is a good reason, your payment could be affected.Deadline date September 2022.

Claimant notes: Read my fit note. Again!"

This then gets sent to a decision maker. They do not mention this to you in the journal but they send you a letter through the post!

I got this today in my journal. "
We have received the decision from the Decision Maker regarding your failure to attend the appointment on (date). Please see the attached letter."

You get a pdf letter from the decision maker that reads " we wrote to you on (date) to say your UC payment might be reduced. This reduction is called a sanction.
It was because you failed to attend a appointment.
We have looked at everything you told us and sent to us and decided that your UC payment will not be reduced for this reason."

This took 27 days from start to finish.The merry-go-round then starts again.
What a waste of time and resources.
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Post by oneman Tue Sep 27, 2022 4:48 pm

Archangel wrote:
niceguy1984 wrote:I have just started the Restart program with reed/peopleplus on the action plan the reed advisor has put

'complete job search and apply for at least 6 vacancies a week and send evidence to the advisor of the job applications made this is to be completed each week and advisor will keep track on progress of job application submissions'

Is the action plan a mandate? i apply for jobs each week and record info etc. but i refuse to send him evidence etc, what right do i have not to do this what can i do now?

Thanks in advance

Nice guy


If this is all you have to do on Restart, then my fears about it might have been premature.

If you do things right and don't sign any paperwork on the restart scheme, then you will be doing less than that.
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Post by london123 Tue Sep 27, 2022 5:20 pm

oneman wrote:
london123 wrote:

my work coach at jobcentre says the rules have changed, and everyone on sick who as sick note has to attend jobcentre now, it's not like it used to be.

This is absolute bullshit! What is the point of a fit note then?
Ask your work roach to show you the regulations where it states this.
Your doctors fit note overrides any bullshit they tell you.

I am on the restart programme . I also have a fit note. I do not attend any appointments with Jobcentre or the restart programme. They keep sending me appointments and I keep getting failed to attend messages from them, but because I have a fit note to say Im not fit for work. I don't need to go and do not attend.
 Their useless system will then put you on the merry-go-round and issue you with a failed to attend notification as nobody can figure out how to stop them. I just had one today.

This is what happens in your journal.

Failed to attend commitment review (date and time) in a jobcentre.

I then write a note saying "Once again I have not failed to attend. I have a fit note Please read it and correct this!"

They then write "Good morning.
We have re-arranged your appointment for (new date and time.)

I reply "Your more incompetent than (work roach name).  Stop being so silly and make an appointment after the fit note ends. Why clog up the system with appointments that will not be kept. You ask me to declare a fit note then ask me to come in the next week, are you being stupid on purpose? Please read the journal so you know what you are doing."

They reply "Details on fit note
Fit note start date: (date)
Fit note end date: (date)
Fit note accepted? Yes"

"Hi.
I have accepted your fit note based on the information you have reported. If this is not right or, your circumstances have changed, please let us know through your journal. Please do not bring your fit note into the Jobcentre unless you are asked to do so. Keep your fit note as I may need to see it in the future.
Thank you"

Then it all starts again. Failed to attend commitment review (date and time) in a jobcentre.

I reply "Once again I have not failed to attend. Please correct this!"
They then send you a link to ask why you have not attended.

"TitleFailure to attend appointmentAgent notes.
You did not attend your appointment at (date and time) a Job Centre. You need to tell us in the notes box why you missed this appointment or contact us on 0800 328 5644. You must also book and attend a new appointment. Attending your appointments is something you agreed to do in return for receiving Universal Credit. You should attend any further booked appointments. If you do not attend your appointments, without what we believe is a good reason, your payment could be affected.Deadline date September 2022.

Claimant notes: Read my fit note. Again!"

This then gets sent to a decision maker. They do not mention this to you in the journal but they send you a letter through the post!

I got this today in my journal. "
We have received the decision from the Decision Maker regarding your failure to attend the appointment on (date). Please see the attached letter."

You get a pdf letter from the decision maker that reads " we wrote to you on (date) to say your UC payment might be reduced. This reduction is called a sanction.
It was because you failed to attend a appointment.
We have looked at everything you told us and sent to us and decided that your UC payment will not be reduced for this reason."

This took 27 days from start to finish.The merry-go-round then starts again.
What a waste of time and resources.

I questioned my work roach about this saying i am sick i have a 3 months sick note, she said all things work-related have been switched off, but you still have to addend appointments fortnightly, its the new rules, i also asked a different work roach on another floor and they said after the covid the rules have now changed,you won't be looking for work just preparing for work. but i am not going to addend restart anymore, or answer any calls.if asked why by jobcentre ill tell the truth its too far to walk to in my condition

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Post by Archangel Tue Sep 27, 2022 5:23 pm

oneman wrote:
Archangel wrote:
niceguy1984 wrote:I have just started the Restart program with reed/peopleplus on the action plan the reed advisor has put

'complete job search and apply for at least 6 vacancies a week and send evidence to the advisor of the job applications made this is to be completed each week and advisor will keep track on progress of job application submissions'

Is the action plan a mandate? i apply for jobs each week and record info etc. but i refuse to send him evidence etc, what right do i have not to do this what can i do now?

Thanks in advance

Nice guy


If this is all you have to do on Restart, then my fears about it might have been premature.

If you do things right and don't sign any paperwork on the restart scheme, then you will be doing less than that.

Yes, but the impression I was under, was that Restart was like the old Work Programme, where you had to travel a location several times a week and stay there all day, applying for jobs on a PC, and getting sanctioned if you didn't apply to a specific amount.

Maybe Restart is like that, and the OP has just started it, and it will get worse.

It would be helpful if someone who has been on Restart a few months, recounted a typical day in the life while being on it.

Is there anyone here who can do this?


Last edited by Archangel on Tue Sep 27, 2022 5:29 pm; edited 1 time in total

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Post by oneman Tue Sep 27, 2022 5:24 pm

Does anybody know if you still need a fit note while awaiting the Work Capability Assessment UC50 questionaire?
I have been sent the questionaire and been told to return it within 4 weeks I have two weeks left. I have also been informed that it will take 3 month to reply to the UC50 once they get it. Do I need A fit note in this time?
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Post by london123 Tue Sep 27, 2022 5:34 pm

Archangel wrote:
oneman wrote:
Archangel wrote:
niceguy1984 wrote:I have just started the Restart program with reed/peopleplus on the action plan the reed advisor has put

'complete job search and apply for at least 6 vacancies a week and send evidence to the advisor of the job applications made this is to be completed each week and advisor will keep track on progress of job application submissions'

Is the action plan a mandate? i apply for jobs each week and record info etc. but i refuse to send him evidence etc, what right do i have not to do this what can i do now?

Thanks in advance

Nice guy


If this is all you have to do on Restart, then my fears about it might have been premature.

If you do things right and don't sign any paperwork on the restart scheme, then you will be doing less than that.

Yes, but the impression I was under, was that Restart was like the old Work Programme, where you had to travel a location several times a week and stay there all day, applying for jobs on a PC, and getting sanctioned if you didn't apply to a specific amount.

Maybe Restart is like that, and the OP has just started it, and it will get worse.

It would be helpful if someone who has been on Restart a few months, recounted a typical day in the life while being on it.

Is there anyone here who can do this?

i have been on restart 5 months now. you will receive a phone call every fortnight asking how you are getting on.with your tasks they give you watching boring videos about CVs and interviews etc, then every month you will have to addend restart face to face,for an hour. they look at your progress and mark you out of a 100 how you have been doing, then they give you another action plan with more things to do, until the next phone call rinse and repeat.

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Post by fordcortina1970 Tue Sep 27, 2022 7:39 pm

Restart Action Plans went out the window on my first appointment in May, now we are touching October and then in November I will have been on it six months. I've never had any action plans done. I told them on my first appointment where they can shove their Action Plans. Please read my other posts and you will understand why they see me as a problem.
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Post by oneman Tue Sep 27, 2022 8:43 pm

Why would your insistence on using your legal rights be a problem to the restart scheme?
😉
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Post by Archangel Wed Sep 28, 2022 12:41 pm

london123 wrote: i have been on restart 5 months now. you will receive a phone call every fortnight asking how you are getting on. with your tasks they give you watching boring videos about CVs and interviews etc, then every month you will have to addend restart face to face, for an hour.  they look at your progress and mark you out of a 100 how you have been doing, then they give you another action plan with more things to do, until the next phone call rinse and repeat.

Thanks.

Where do you watch the videos? Do they email you links to them, or do you go to a place and watch them with other jobseekers in one room? I assume the former will be the case. And if it is the former, how can you prove to them that you have watched the videos? Is there some way they can know this technically?

And why is face to face meeting is so long? An hour is a long time for what they are wanting you to demonstrate?

Can you give us a sample of what is on your current action plan?

It looks like the early stages of Restart are fairly less hassle than the later stages. Is that so? Does it get more "demanding" the longer you are on it?

Sorry for so many questions.

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Post by london123 Thu Sep 29, 2022 9:23 am

you do the video and questions and answers at home on the Maximus portal site. some videos and questions about the videos you have watched, go on for several hours. you have to finish as at the end it ticks a box for you saying completed, if you don't finish you have to start again from scratch. or if you rush through the box won't be ticked, the hour-long face-to-face is boring I cant hear what he's saying most of the time so i just nod my head. but they make you stay for the full hour,

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Post by london123 Thu Sep 29, 2022 12:27 pm

just had a phone call from Maximus was told the health coach says he is not qualified enough to take me on, i told him i could no longer do face face due to my leg pain while walking so hes going to try for phone calls only. he wants me to inform job centre

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Post by oneman Thu Sep 29, 2022 12:39 pm

You do not have to tell the job centre anything. They do!
They will not be able to do phone calls only as it breaks their contract with DWP.
If your health coach is not qualified then they need to contact DWP and tell them that they can't help you to prepare for employment.
You have them on the ropes here.
I do hope you have this all recorded?
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Post by oneman Thu Sep 29, 2022 10:53 pm

oneman wrote:Does anybody know if you still need a fit note while awaiting the Work Capability Assessment UC50 questionaire?
I have been sent the questionaire and been told to return it within 4 weeks I have two weeks left. I have also been informed that it will take 3 month to reply to the UC50 once they get it. Do I need A fit note in this time?
Answering my own question?

Yes you do!!!

A week before your fit note runs out. The DWP will hound you every day until you provide a new fit note.
They know that a NHS doctors can't issue a fit note before the end date of your last one and you will not be able to provide a new one in the next day time limit! (There is no time to do this)


You could be lucky and get a fit note on time.

But where is the fun in that!!!!!!!!!!!😂

Let the merry-go-round. Continue!!!😉😂

Just like they want!!
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Post by Archangel Fri Sep 30, 2022 3:27 pm

london123 wrote:you do the video and questions and answers at home on the Maximus portal site. some videos and questions about the videos you have watched, go on for several hours. you have to finish as at the end it ticks a box for you saying completed, if you don't finish you have to start again from scratch. or if you rush through the box won't be ticked, the hour-long face-to-face is boring I cant hear what he's saying most of the time so i just nod my head. but they make you stay for the full hour,

That sound like a nightmare!

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Post by london123 Fri Sep 30, 2022 7:44 pm

suppose it's like being at an approved school. at 65

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