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The following two extracts from the DWP website endeavour to explain what the Claimant Commitment means:

1 “What the JSA Claimant Commitment means

As from 14th October 2013 new jobseekers will have to account more clearly for their efforts to find work in order to receive their benefit.

New claimants to Jobseeker's Allowance will now need to sign a Claimant Commitment which sets out more fully what they need to do in order to receive state support - building on current support and providing clear information about the consequences of failing to meet requirements."

2 “What the JSA Claimant Commitment means

When someone makes a new claim for JSA or returns to JSA from the Work Programme they will attend an interview with a work coach. At the interview they will agree a personal plan outlining what the claimant will do as part of their Claimant Commitment to give themselves the best chance of finding work. This could include regular specific tasks and training opportunities. The work coach will explain the penalties claimants could face for failing to meet their responsibilities to get into work. They will review the plan regularly.”

Both explanations stipulate that the JSA-CC will be applicable to new JSA claimants and they do not mention existing JSA claimants.

My question is; Can anyone who has been on JSA for some time and has a current and active Jobseeker's Agreement (JSAg) be compelled to forsake their JSAg and sign up to a JSA-CC that will inevitably be more severe and have reduced claimant rights?

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Well, according to what's written, no they can't. However we all know how the DWP can move goalposts and change track at the drop of a hat so I wouldn't be at all surprised if they did end up including those already claiming pre-14th Oct.

 

I'm surprised they didn't just do it for everyone anyway. Possibly the reason why they haven't is because they simply wouldn't have the man-power to give every single claimant such personal attention - there would be a lot more paperwork generated and longer and more frequent attendances. The JC's are pretty pushed to cope as it is!

 

Best thing to do is always stay up to date with the existing guidance as far as you can and just go by that. Challenge them to prove otherwise.

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Best thing to do is always stay up to date with the existing guidance as far as you can and just go by that. Challenge them to prove otherwise.

 

 

 

My own thoughts exactly. I could not find any update on the guidance that I quoted from and just wondered if anyone else had any recent experience of being made to comply with this CC nonsense. They want me in next week to 'discuss' this.

 

 

I've challenged the Jobcentre advisers twice before about this and successfully overturned two Directions. As you say, I need to make sure that they don't move the goalposts.

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Attended interview to ‘discuss’ new Claimant Commitment.

 

Interview began with ‘adviser’ giving me a load of waffle about CC and how new rules mean that everyone has to have one and that it will replace my Jobseeker’s Agreement.

 

I tried to explain to her using DWP literature and FOI answers to questions on the subject that CC applied to new claimants and claimants recently finishing the work programme.

 

I also asked if the rules applicable to altering my JSAg were applicable in the case of altering my JSAg to CC. I pointed out the clause in the CC form that says:

 

“I understand this Claimant Commitment is my Jobseeker's Agreement for the purpose of section 1(2)(b) of the Jobseekers Act 1995.”

 

She could not answer my questions but asked instead if I was refusing to sign a CC. I stated that I was not refusing anything but seeking to understand what the rules were considering that her explanation differed greatly from the official DWP literature and guidance.

 

With that she said that the interview was terminated. On asking what happens next she answered “Nothing”.

 

My initial reaction was “That was easy” then I thought it might have been too easy and there has to be a catch.

 

I asked if I had a personal or individual adviser allocated to me since I appear to be met by different people every time I attend the Jobcentre and I usually have to go through the same things with each of them. She told me that there are no personal or individual or special advisers anymore, that I could be seen by whoever was available at the time.

 

Perhaps more will be said at my next signing-on appointment.

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“I understand this Claimant Commitment is my Jobseeker's Agreement for the purpose of section 1(2)(b) of the Jobseekers Act 1995.”

 

It is a requirment of claiming JSA that you have signed a JSAg as per the above mentioned act. If you have already signed one, there is no legal obligation to substitute it with a Claimant Commitment (in my opinion). Until such time as there is a change in legislation (not DWP guidelines or adviser opinion) I'd say carry on as you are doing.

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  • 2 months later...

It is now just over two months since the interview I attended to ‘discuss’ changing my Jobseeker’s Agreement to the new JSA/CC was so dramatically terminated. This week, out of the blue, they hit me with it again during the normal signing on attendance.

 

Began with the same waffle about everybody having to change over to JSA/CC and how it was so much better.

 

I explained that as a recipient of Jobseeker’s Allowance any agreement, whatever they choose to call it, will to all intents and purposes have the same legal status as my present Jobseeker’s Agreement because I am not on Universal Credit. All the laws, conditions and rules covering a Jobseeker’s Agreement will continue to apply to any so called CC that I may or may not choose to agree to and sign. What I am being asked to do is no different legally to my being asked to agree to straight forward alterations to my JSAg.

 

Since I was not prepared to enter into negotiations at such short notice and the so called ‘coach’ said she could not print out a hard copy of what she was expecting me to agree to I insisted, and was granted, a stay until the next signing day, when I told her I would come prepared.

 

I notice that some changes have been made to the JSA/CC Guidance since I last looked.

Paragraph 4 now reads:

 

4. The JSA Claimant Commitment will replace the Jobseeker’s Agreement for stock claimants between Jun 2 and December 31, 2014.

If this Guidance is to be believed then a Statutory Instrument would have had to be passed/signed in Parliament before this could be legal. I can’t find any sign of such a S.I.

 

Another section in the Guidance states:

 

16. At the Initial Work Search Interview, the Work Coach must have an in depth conversation with a claimant to build an understanding of their capability and circumstances relating to work. Information gathered in this interview must be used to complete the Claimant Commitment.

 

17. It is important that the Claimant Commitment is completed at the end of the discussion and not during the discussion itself. In this way, it demonstrates to the claimant that:

 

  • the coach has actively listened to the claimant;
  • the coach has given the claimant full attention;
  • all the claimant’s circumstances have been taken into account when developing the Claimant Commitment, so it is personal to them; and
  • the Claimant Commitment is reasonable and achievable.

By not adhering to those steps in the Guidance my ‘coach’ is acting outside the legal requirements and as such she invalidates any results or conclusions of the very exercise she is attempting to get me to fulfil.

 

Presenting me with a form on a computer screen with all the blanks filled in is hardly compatible with the spirit of the above two paragraphs.

 

The next session should be an interesting one.

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I notice that some changes have been made to the JSA/CC Guidance since I last looked.

Paragraph 4 now reads:

 

4. The JSA Claimant Commitment will replace the Jobseeker’s Agreement for stock claimants between Jun 2 and December 31, 2014.

If this Guidance is to be believed then a Statutory Instrument would have had to be passed/signed in Parliament before this could be legal. I can’t find any sign of such a S.I.

 

Whilst I can't place my finger on the relevant passage, I'm sure the act relating to Job Seeker's Allowance was tweaked to allow the Claimant Commitment to have the same standing as a JSAg. Even so, as far as I am aware, the law states that to claim JSA, one needs to agree to a valid JSAg/CC, and as long as one is in place, there is no mandatory requirement to sign another one - But please don't take my word for it (I am not a lawyer).

 

If in doubt, always insist that the JCP adviser quotes chapter and verse of the appropriate legislation, not a memo handed down from a mere line manager.

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Dead on again Mr P. For legal purposes the JSAg/CC is a Jobseeker’s Agreement.

 

The relevant passages relating to this are:

 

 

  1. On the new JSAg/CC form itself there is included the statement:-
     
    “I understand this Claimant Commitment is my Jobseeker's Agreement for the purpose of section 1(2)(b) of the Jobseekers Act 1995.”
  2. The DWP/Government Guidance, Paragraph 5 says:-
     
    “For the purposes of section 1(2)(b) of the Jobseeker’s Act 1995, the Claimant Commitment is the Jobseeker’s Agreement.”
     
    This means, in my view, that in drawing up a new JSAg/CC the same rules apply that apply to a straight-forward alteration to a JSAg as was. That includes discussing and agreeing with the adviser what is to be included.
     
    It also follows then that where there is a failure to agree then the same process to resolve the disagreement is used as of old, not immediate sanction.

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It is now just over two months since the interview I attended to ‘discuss’ changing my Jobseeker’s Agreement to the new JSA/CC was so dramatically terminated. This week, out of the blue, they hit me with it again during the normal signing on attendance.

 

Began with the same waffle about everybody having to change over to JSA/CC and how it was so much better.

 

I explained that as a recipient of Jobseeker’s Allowance any agreement, whatever they choose to call it, will to all intents and purposes have the same legal status as my present Jobseeker’s Agreement because I am not on Universal Credit. All the laws, conditions and rules covering a Jobseeker’s Agreement will continue to apply to any so called CC that I may or may not choose to agree to and sign. What I am being asked to do is no different legally to my being asked to agree to straight forward alterations to my JSAg.

 

Since I was not prepared to enter into negotiations at such short notice and the so called ‘coach’ said she could not print out a hard copy of what she was expecting me to agree to I insisted, and was granted, a stay until the next signing day, when I told her I would come prepared.

 

I notice that some changes have been made to the JSA/CC Guidance since I last looked.

Paragraph 4 now reads:

 

4. The JSA Claimant Commitment will replace the Jobseeker’s Agreement for stock claimants between Jun 2 and December 31, 2014.

If this Guidance is to be believed then a Statutory Instrument would have had to be passed/signed in Parliament before this could be legal. I can’t find any sign of such a S.I.

 

Another section in the Guidance states:

 

16. At the Initial Work Search Interview, the Work Coach must have an in depth conversation with a claimant to build an understanding of their capability and circumstances relating to work. Information gathered in this interview must be used to complete the Claimant Commitment.

 

17. It is important that the Claimant Commitment is completed at the end of the discussion and not during the discussion itself. In this way, it demonstrates to the claimant that:

 

  • the coach has actively listened to the claimant;
  • the coach has given the claimant full attention;
  • all the claimant’s circumstances have been taken into account when developing the Claimant Commitment, so it is personal to them; and
  • the Claimant Commitment is reasonable and achievable.

By not adhering to those steps in the Guidance my ‘coach’ is acting outside the legal requirements and as such she invalidates any results or conclusions of the very exercise she is attempting to get me to fulfil.

 

Presenting me with a form on a computer screen with all the blanks filled in is hardly compatible with the spirit of the above two paragraphs.

 

The next session should be an interesting one.

 

Make sure you show the adviser you're already doing everything reasonable to look for work - really lay it on for them. Also don't be afraid to argue and negotiate - it's your right and you can end up with a lot less on your Claimant Commitment than if you just sat back and said nothing. It's the ones who don't seem to be doing much jobsearch that they'll pick on and greatly increase the number of tasks per week.

 

In their CC Staff Training literature it states quite clearly that the '35 hours jobsearch' is not a set requirement and that quality of jobsearch, not quantity is what matters. If a claimant has done all that can reasonably be expected of them in less time then that's absolutely acceptable. The '35 hours looking for work' is just their way of saying 'you should be looking for work at every opportunity'.

 

I had my CC interview a few weeks ago and ended up with almost exactly the same things I already had on my old JS Agreement (which wasn't much anyway), as I took along loads of evidence of what I was already doing and negotiated other things - I live out in the countryside so I even managed to get my earliest start time for a job listed at 9.00am, rather than earlier. Use everything to your advantage; the less you actually have written on your CC, the less you can be sanctioned for not doing.

 

Also, be wary of using the Workplan Booklet. It's not compulsory - you can show jobsearch evidence any way YOU like. I'm against it because it asks you to write down things you intend to do.. and if you fail to carry them out, the adviser could claim you didn't do what you said and failed to look for work. Don't leave yourself open to nit-picking clerks.

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That is indeed my understanding. If you can not agree a revised JSAg (or CC), it should be referred to a Decision Maker before any punitive sanction is imposed.

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As you all so rightly say we need to be aware of and ready to argue and negotiate the points that you all warn us of.

So far I have not got past the very first step. More accurately, they have not got past the first step with me.

That first step is the one I mentioned in a previous post:

16. At the Initial Work Search Interview, the Work Coach must have an in depth conversation with a claimant to build an understanding of their capability and circumstances relating to work. Information gathered in this interview must be used to complete the Claimant Commitment.

17. It is important that the Claimant Commitment is completed at the end of the discussion and not during the discussion itself. In this way, it demonstrates to the claimant that:

  • the coach has actively listened to the claimant;
  • the coach has given the claimant full attention;
  • all the claimant’s circumstances have been taken into account when developing the Claimant Commitment, so it is personal to them; and
  • the Claimant Commitment is reasonable and achievable.

This clearly states that a discussion, ‘an in-depth conversation’, has to take place as a first step. The CC form must be a blank sheet at the commencement of this stage and only after the conversation has taken place can the adviser begin to fill in the blanks, based on their understanding of the claimant’s capability and circumstances, and then only by agreement.

Those I have met so far don’t seem able to grasp the simple fact that this CC, as far as Jobseeker’s Allowance claimants are concerned, is a Jobseeker’s Agreement, emphasis on ‘Agreement’.

They also seem to be unable to grasp that the law says that the use of UJ and this Workbook nonsense is not compulsory and claimants may not be penalised for choosing not to use them. Claimants would be within their rights to refuse to sign up to any agreement that mentions UJ or the Workbook unless agreed to and accepted by them.

I have yet to meet an adviser with the skills and qualifications to conduct this Initial Work Search Interview, they do not appear to me to have been trained to do it. It never ceases to amaze me when I show them DWP Guidance Notes and information that they genuinely are lost for words and resort to lies and threats, it’s not in the script that they have been brainwashed into adhering to.

Instead they are taught to present a CC form with the blanks filled in and then to coerce the claimant, by fair means or foul, even to the extent of compromising their own integrity, to sign it.

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The JC staff have supposedly attended several hours classroom training for CC - I posted this link in another thread but here it is again;

 

https://www.whatdotheyknow.com/request/claimant_commitment_4

 

Well worth downloading and reading it all as it's the entire staff training course paperwork (including Tutor notes) and will help you when you have your interview - it really threw the adviser I saw when I casually produced it at the start of the interview and constantly checked everything she told me :) Assuming they weren't all asleep during the course there's no excuse at all for them not knowing the regulations.

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Yes, it proved very helpful to me and certainly kept the adviser in her place. I started every sentence with '..as you'll know from your staff training..' :) As the saying goes, knowledge is indeed power.

 

Having said that, one thing I've noticed is that a lot of claimants simply aren't interested in knowing the rules and guidelines - but they're quick to moan when the JC has them doing all manner of things. While I'm sitting waiting to sign on I always try to pass on info like this to others but it's amazing how many of them don't want to know and think the JC is 'invincible'. Just can't help some people.

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I like your style, Jasta11, and I am sorry to say that not enough of the claimants who find themselves in dire situations appreciate that knowledge is power.

 

 

I have come across several examples where claimants have been wrongly pressured and even sanctioned yet they refuse to take even the simplest of steps to inform themselves or act on any sound, constructive advice offered.

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Attended signing-on appointment as usual this week. After being asked about how my job searching was going and a cursory glance at the evidence I brought along for inspection the Work Coach seemed overly anxious get on to the process of altering my JSAg to JSAg/CC.

 

I interrupted and asked that before continuing could she affirm that the signing-on and job search activity review part of this interview was acceptable to her and if she had made the necessary entry authorising the payment of JSA to me for this period to proceed. Her answer was affirmative to both questions.

 

She then resumed her obviously well rehearsed and oft delivered presentation of the great advantages and merits of the CC. She turned the monitor so that I could see it and read the copy of it on the screen and got all set to fill in the requisite parts.

 

I asked her to confirm that advisers should now be referred to as Work Coaches as that title now seems to be the one used in DWP documentation. She confirmed this. (Therefore, in the interests of consistency and brevity, I shall henceforth refer to said advisers as WCs)

 

I asked if the Claimant Commitment was the same as the Jobseeker’s Agreement as far as the law was concerned for claimants who already have a Jobseeker’s Agreement. She confirmed that it was.

 

I asked if this exchange was the Initial Work Search Interviewreferred to in the Claimant Commitment and My Work Plan Booklet Guidance documents. She affirmed that it was.

 

I then showed her and read out to her the paragraph in the Guidance stating categorically that during this interview and before entering anything on the CC form “...the Work Coach must have an in depth conversation with a claimant to build an understanding of their capability and circumstances relating to work.”

 

Here is what it says:

 

Agreeing and Completing the Claimant Commitment

16. At the Initial Work Search Interview, the Work Coach must have an in depth conversation with a claimant to build an understanding of their capability and circumstances relating to work. Information gathered in this interview must be used to complete the Claimant Commitment.

 

She insisted that it was common and accepted practice for WCs to build up this understanding from the answers given and any comments made by the claimants as they worked their way through the form. I read out Paragraph 17 again which clearly states “It is important that the Claimant Commitment is completed at the end of the discussion and not during the discussion itself.”

 

Here is what it says:

 

17. It is important that the Claimant Commitment is completed at the end of the discussion and not during the discussion itself. In this way, it demonstrates to the claimant that:

 

 

  • the coach has actively listened to the claimant;
  • the coach has given the claimant full attention;
  • all the claimant’s circumstances have been taken into account when developing the Claimant Commitment, so it is personal to them; and
  • the Claimant Commitment is reasonable and achievable.

She repeated that the way she normally conducted such interviews was as she was proposing to conduct this one and that nobody had raised issues or objected before. I pointed out that each claimant has the right and is entitled to be treated as an individual and anything she says with reference to other claimants could or should not influence her conduct in any interview with me and that I cannot be bound by what others may or may not have accepted. I explained that she could be in breach of the DWP’s own Guidance and the law unless she adhered to the correct administrative procedures.

 

She relented then and agreed to have a discussion as the Guidance suggests. I thanked her and invited her to fire away. She asked me to tell her a bit about myself and specifically my employment history. She confirmed that she did not know anything about me having only met me once before for five minutes two weeks previously.

 

I gave her a copy of my CV, as this would save me the trouble of reading it out to her, and she began reading through it, asking some questions as she went. I answered each question asked fully and in detail. This took time and she appeared to suddenly realise that she had gone over the allocated time for my interview and told me that we could not continue and our discussion would have to be postponed until my next signing-on appointment as she had gone ten minutes into the time for her next appointment.

 

I pointed out that we only covered the first 30 years of my life history and that there is another 30 to relate and discuss. She visibly sighed at the prospect.

 

It was not my intention to filibuster but I wasn’t sorry that the discussion was being postponed due to lack of time. I was satisfied that I had succeeded in making some important points about the process and to have secured her agreement and acceptance of those.

 

Before concluding I asked her if I could point out a couple of issues that I find contentious in the CC form that I would be addressing at the next discussion/interview:

 

 

1. Any reference to the compulsory use of the UJ site, or to providing DWP with access to my Account on it, to be excluded.

2. Any reference to the compulsory or preferred use of the 'My Work Plan Booklet' to be omitted, that includes the two paragraphs in the CC copied below:

“I understand that detailed planning for how I will undertake these activities is essential to give myself the best chance of success. The 'My Work Plan booklet' will help me to plan and manage how I will do these things and anything else I think will help improve my chances of moving into work. My Coach will work with me on this.”

 

“I know I must show that I have done all that is reasonable to give myself the best prospects of securing employment. I will keep evidence of what I have done and take this with me every time I go to the Jobcentre. My Work Plan booklet will help me do this.”

 

3. Clarification of the paragraph included on the CC form about ‘My rights’. It reads as follows:

 

“I know if there is a disagreement about my Claimant Commitment, I can ask for this to be reviewed. I also know that if there is any dispute about my benefit, my case may be sent to a decision maker, which could result in the loss of my Jobseeker's Allowance and / or National Insurance Credits. If this happens I will be told. If I am not satisfied with the decision I can ask for it to be explained or reconsidered. If I am still unhappy with the outcome I know I have the right to appeal.”

 

It seems to me that this statement could be interpreted as meaning, yes, I can ask for a review of my CC if I disagree with anything in it but then the WC can refuse to accept any proposal I might make. I have thus instigated a dispute between the WC and myself. The WC will then send my case to a Decision Maker. So, my request for a review has turned into a dispute, dispute turns into a Doubt which is sent to a DM, which action triggers a stop to benefits or sanction while DM reconsiders. So, by seeking a review I am inviting a sanction. I, for one, would be quite happy without such a right.

 

On the question of UJ she agreed with me that the use of and access to UJ was for me to decide without compulsion.

 

On the question of the 'My Work Plan Booklet' and ‘My rights’ she was less forthcoming. She said that she wasn’t too sure about the rules and regulations concerning it but would endeavour to educate herself on the subject by the time of our next ‘discussion’.

 

Finally I left her a copy of the list of activities that I would be prepared to have included in the ‘My actions for getting work’ section of any agreement.

 

The next session should be interesting.

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  • 2 weeks later...

This week my negotiations to agree a new JSA/CC resumed where they left off in my previous interview, the account of which is given in post 16 of this thread.

 

It will be recalled that I left the work coach with a list of activities that I would be prepared to have included in the ‘My actions for getting work’ section of any agreement. I am pleased to say that this list was accepted with minor alterations for brevity, and no additional actions were pressed on me.

 

We then discussed the two paragraphs referring to the Work Plan Booklet in the JSA/CC form and despite accepting that my right not to accept anything to do with the Booklet in any agreement remained inviolate my work coach insisted that she did not have the authority to remove them because they formed a part of the JSA/CC form that could only be removed by executive authority, an Act of Parliament or Statutory Instrument.

 

To avoid a hurdle that looked like it might scupper what had been agreed thus far we compromised by having inserted in the JSA/CC a clause to the effect that I will take a copy of the booklet and use it for ID purposes only. I am satisfied that this clause along with another that I caused to be inserted to the effect that I will keep a detailed record of my job search ensures that I do not have to use the dreaded Booklet. I did not sign the Booklet or give her leave to enter anywhere that I had accepted anything contained in it.

 

She said that she found the record that I have already been keeping of my job search activities, and presenting as evidence at each signing-on, more than adequate and said she saw no reason to change it.

 

The reservations I had about the paragraph setting out ‘My Rights’ were sorted out to my satisfaction as well. Though here again she could not alter the wording to wording of my choosing she agreed that however anyone may choose to interpret it the meaning remains as it was intended in the Jobseeker’s Act 1995 and any request to seek to alter any of the terms or conditions of the JSA/CC would not result in the immediate raising of a Doubt and thereby a possible sanction. It would be passed on to a Decision Maker as now if the work coach and the claimant failed to reach agreement on any alteration that either party might want to have made.

 

For anyone who may be concerned about any reference to the compulsory use of, or access to, UJM Accounts in a JSA/CC, I had a clause inserted to the effect that I will access UJM, + another half a dozen sites (named) that I use as part of my job search.

 

(Note that I did not use the term ‘log-on’ or ‘log-in’ to UJM nor did I say that I would access my Account on UJM, neither was allowing DWP or any of its employees access mentioned. This may prove useful at some future date if a less agreeable coach puts pressure on to allow them access to my UJ Account via their internal Jobcentre IADs, or arranging to attend at the Jobcentre every day or whatever to access UJ on their machines, any nonsense like that will nullify the JSA/CC).

 

Another very important concession that I managed to extract (confirmed on tape) is that my signing the JSA/CC does not in any way diminish, or detract from, my rights as stipulated in the Jobseeker’s Act 1995.

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Good job. Looks like you negotiated well and gave them little chance to inflict further suffering on you :) My 'UJ use' is similarly vague, only specifying that I 'check' the site regularly, which I do. Log in, create a quick 'search' each day which gets put into my 'Activities' page then print the thing out after a fortnight. Hey presto - I have fulfilled my CC requirements!

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Thanks for that Jasta. It’s mainly to you that I owe the debt of gratitude. I followed your advice in previous posts and went in there prepared and confident in what I wanted and certain in the knowledge of what a coach can and can’t make me agree to.

Every successful result is a victory by which we should be learning a bit more each time thus making it easier for the next challenge and for the next person being challenged.

It grieves me to see that so many face the foe unprepared and do not even bother to follow sound, tried and tested advice or learn from the experience of others who have been through it successfully.

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  • 2 months later...

Good find, Tommy. Annex 3 has particularly useful info and should help anyone to negotiate their Claimant Commitment.

 

Add this to all the previously linked guidance, print the lot out - using the JC or WP computers naturally - and whack it all down on the desk in front of the adviser when you have your interview and watch them squirm :)

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Good find, Tommy. Annex 3 has particularly useful info and should help anyone to negotiate their Claimant Commitment.

 

Add this to all the previously linked guidance, print the lot out - using the JC or WP computers naturally - and whack it all down on the desk in front of the adviser when you have your interview and watch them squirm :)

 

Dead on again Jasta. The enemy is there, the ammunition is there, all that's necessary is to take aim and FIRE!!!!!

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