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Jobseekers Agreement, Claimant Commitment and “Things”
I have been bothered about this for a while, now our housing lawyer has brought this to my attention.
He has a client who had signed an agreement to “do at least 20 things a week” to actively seek work. I said I don’t know what a “thing” is but i do know what a “step” is cos examples are given in Reg 18 of the JSA Regs 1996. I thought it might be the new Claimant Commitment, which as we know is being “rolled out” (God, I hate that term - it conjures up a tide of crap coming your way) ahead of UC for areas that don’t actually have UC yet.
So I asked to see the agreement, and it is a Jobseekers agreement and sure enough it states 20 “things” a week to do, including writing to at least 10 employers a week.
Apparently what has now happened is. following a kerfuffle at JCP when the client got angry she closed her own claim, then put in a fresh claim a few days later when she had calmed down. So JCP produced a new agreement to do 25 “things” a week to actively seek work, which she refused to sign on the grounds that her previous one only mentioned 20, and she has now been sanctioned.
So I guess it boils down to this - am I right that a claim won’t be accepted if you fail, without good cause, to accept a jobseekers agreement? So why have they sanctioned her, rather than refused the claim?
Am I also right that if you dispute the terms of a jobseekers agreement you could appeal this (now a MR of course)?
And finally, have they amended Reg 18 of the JSA Regs 1996 which states that you have to take at more than 2 steps per week (only)?
Sorry and doubly finally, what will be the legal status of Claimant Commitments in ares that do not have UC, if the JSA Regs are not amended?
Answers on a postcard please - cheers!
“So I guess it boils down to this - am I right that a claim won’t be accepted if you fail, without good cause, to accept a jobseekers agreement? So why have they sanctioned her, rather than refused the claim”?
No idea.
“Am I also right that if you dispute the terms of a jobseekers agreement you could appeal this (now a MR of course)”?
Yes
“And finally, have they amended Reg 18 of the JSA Regs 1996 which states that you have to take at more than 2 steps per week (only)”?
No, but they have amended the Jobseekers Act 1995 and introduced the JSA 2013 Regs. Basically they can do anything that the Secretary of State “thinks fit”. However, unless the contrary intention is clear, there is a presumption of fairness in English law. Hence the good cause provisions.
And finally, have they amended Reg 18 of the JSA Regs 1996 which states that you have to take at more than 2 steps per week (only)?
Sorry and doubly finally, what will be the legal status of Claimant Commitments in ares that do not have UC, if the JSA Regs are not amended?
Answers on a postcard please - cheers!
From Hansard, 22 October (http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm131022/text/131022w0002.htm#131022w0002.htm_wqn9 )
Jobseeker’s Allowance
Kate Green: To ask the Secretary of State for Work and Pensions with reference to his Department’s press release of 14 October 2013, entitled jobseekers to start signing new claimant commitment; on what date the regulations under which the claimant commitment was implemented were commenced. [172057]
Esther McVey: The claimant commitment acts as the jobseekers agreement for the purposes of section 7 of the Jobseekers Act 1995 and associated regulations. No new regulations have needed to be introduced to support implementation.
So unless you are in a UC area, a branding change only…
Jon
Thanks Paul and Jon. Paul - I am getting into abit of a muddle here. The JSA 2013 Regs
at 1(3) says when they apply;
1
(3) They apply in relation to a particular case on any day on which section 33(1)(a)
of the Welfare Reform Act 2012 (abolition of income-based jobseeker’s allowance) is
in force and applies in relation to that case.
Sec 33(1)(a) Reform Act refers to abolition of JSA, presumably under UC. So do the JSA 2013 Regs only apply in UC areas? The 2013 work search requirements are under a claimant commitment and include the stuff promised about looking for work being a full time job, i.e. work search for 35 hours pw. They are framed in terms of hours looking for work rather than the old “steps” or the “things” to find work.
Hi Carlos
Yes, I think that’s right. It will align the provisions in both the UC and Con/JSA regimes.
Given that Universal Credit doesn’t like hours, avoiding conditionality is based around the level of earnings that someone has - typically 35 times the minimum wage. Earn more than that and conditionality doesn’t apply even if the money is earned in half an hour.
For existing benefits, I assume that hours-based rules will still apply.
Cheers - do you know where I can find the amendments to the Jobseekers Act 1995?
Current version of the act here.
Much obliged!