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Community Work Programme issued by JSA outside of 8 week period! ???


Roses7777
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Community Work Programme issued by JSA outside of 8 week period!

 

Some advice would be really appreciated.

Does the 8 week rule still apply?

How to refuse the CWP?

Where to count the 8 weeks from?

 

After a 2 year period The Work Programme with Ingeus ended (2faced staff/ incompetent /useless), I was referred back to the Job Centre and issued with an appointment to attend in April this year. I was asked by myJSA to sign the My Work Plan (WS1 form) in May. I had to sign weekly for awhile and then back to fortnightly.

 

Yesterday I was handed a letter to attend a Community WorkProgramme (CWP) later this week. I have been back with the JSA as I said since April or counting from May – either way it is past the maximum 8 week period in which they have to either allocate Daily Signing (DSR) or CWP (Community Work Programme).

 

Has this changed? And if this 8 week max still applies how do I go about politely but firmly refusing the CWP without being sanctioned.

 

Also which date am I meant to count the 8 weeks from – April is when I went back to the JSA – May is when I signed the “My Work Plan” – I am making the assumption this is the date of the WPCI interview but am not sure.

 

 

Worried I will be sanctioned again – and a second sanction would mean months of financial punishment rather than weeks. (the first one was applied because despite having attended every single mandatory appointment Ingeus had given me and not missing any appointments/workshops of which there were many - there was just one I never received notification of in the post andby the time a text message arrived it was too late, I left a message for the advisor which was never passed on – I appealed the sanction and the Decision Maker in all his glory upheld the sanction as “the balance of probability is that the letter was not lost in the post”!!!!!!!)

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[Some advice would be really appreciated.

Does the 8 week rule still apply?

How to refuse the CWP?

 

I'm not sure you would have grounds to refuse CWP on the basis that it has been more than eight weeks since completing the Work Programme. It would be better to challenge it if you can demonstrate experience of work in your chosen field (or just experience of working full stop).

 

Asking for a mandatory reconsideration would be your first step. Beyond that, I'd be reluctant to offer any advice that would lead you to incurring a second sanction.

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Hello Roses and welcome to CAG.

I presume that the letter informing you of this 'favour' they are doing you was a Mandatory Notification.

Could you confirm what exactly it is you are being mandated to do? You say Community Work Programme and you also say CWP which stands for Community Work Placement. The first is for 4 weeks the second is for 6 months.

You should also have been informed of the Placement Provider that you are to be referred to. They find a placement for you and are supposed to supervise your progress while on the placement.

You should also have been informed of a time when the Placement Provider is to contact you to arrange an interview or conduct the interview over the phone.

Could you also confirm whether you are on a Jobseeker's Agreement, a Jobseeker's Agreement/Claimant Commitment, or a fully fledged Claimant Commitment? This will have a bearing on the sort of scheme that you can be referred to.

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Thank you all for replying to me : )

In answer to you questions ……………….

The letter has not used the word “Mandatory” anywhere.

It is a Community Work Placement

The Work Coach found me a PRAP ??? with that most noble ofcompanies G4S

Not sure about my “status” – I am a Jobseeker who has justfinished a 2 year work programme with Ingeus.

I was handed the phone at the Job Centre to speak to thePRAP or whatever he was meant to be and an appointment was made.

I have no other information about how long the CommunityWork Placement was for or hours etc.

I have plenty of “Work Experience” – up until 2011 I havealways worked. But due to problems I was facing – bereavement coming in quicksuccession and homelessness too – I finally managed to secure a roof over myhead but have been unable to find employment as before losing my home I hadbeen self-employed and no one seems to want someone who used to run their ownbusiness working for them.

I didn’t turn up for the appointment – handed them a letterstating they were outside the 8 week limit and that they should rectify their error.

Information taken from -

“Help to Work package (for JSA claimants whose WorkProgramme Completer Interview was on or after 28 April 2014)”

33. Work coaches then have up to 8 weeks* to assess whether one of the other HtW options (i.e. Daily WSR orCWP) is more appropriate given the claimant’sparticular circumstances.

* Important note: 8 weeks is an absolute maximum and commences from thedate the WPCI is conducted. Once the 8 week point has been passed, a claimantnot allocated to Daily WSR or referred to CWP will continue in MIR i.e. after the 8 weekpoint, allocation to Daily WSR and initial referral to CWP are no longer an option.

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Looks like you've gone on your first instinct. It's their move next, will be interesting to see how they react. Here's some extra ammunition if you should need it

 

You've found the DWP Guidance on Community Work Placements (CWP) at the link:

 

https://www.whatdotheyknow.com/request/224058/response/549488/attach/4/FOI%203548%20HtW%20guidance.pdf

 

Paragraph 34 confirms what you thought, so does Paragraph 79:

 

Claimant allocated to MIR at Work Programme Completer Interview

32. Claimants not allocated to Daily Work Search Review (WSR) or referred to Community Work Placements (CWP) at the Work Programme Completer Interview (WPCI) will be allocated to the MIR assessment phase. The PWPS marker must be updated to show ‘HtW asst phase’.

 

33. Work coaches then have up to 8 weeks* to assess whether one of the other HtW options (i.e. Daily WSR or CWP) is more appropriate given the claimant’s particular circumstances.

 

34. However, the work coach may assign the claimant to MIR at the WPCI, if they decide that the other HtW options (Daily WSR or CWP) will not be appropriate for them. The PWPS marker must be set to ‘HtW MIR’.

 

* Important note: 8 weeks is an absolute maximum and commences from the date the WPCI is conducted. Once the 8 week point has been passed, a claimant not allocated to Daily WSR or referred to CWP will be assigned to MIR i.e. after the 8 week point, allocation to Daily WSR and initial referral to CWP are no longer an option. The 8 week limit does not apply to claimants who may need referring again to CWP because they failed to attend the original provider Engagement Meeting or did not start their placement.

 

 

79. The referral must be made during either the WPCI or a work coach interview within the 8 week assessment period following the Work Programme Completer Interview (WPCI).

 

It is also worth bearing in mind that CWP comes under Help to Work Schemes introduced under Universal Credit and the Welfare Reform Act 2012. I believe claimants not on the fully fledged Claimant Commitment can't be referred. If you are on the old Jobseeker's Agreement or the interim JSAg/CC you can't be referred to HtW Schemes.

 

Not only that but you would not be covered by any form of insurance, nor would the Provider who is responsible for placing you, nor would the people/premises that you are placed with/in.

 

You could advise your adviser that on those grounds s/he is breaking the law, and encouraging you to break it too.

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