Mandatory Work Placements

Hi, am I completely out of date on this?  I have a client who has had a 6 months sanction for refusing to do a work placement with a private provider. I haven’t had to deal with this before, and in the back of my mind was the idea that he could refuse this, but could be sanctioned if he agreed and then did not turn up. (I think I am going back to the legal challenge in 2012).  However, anything I have seen from DWP makes it look really really mandatory. Could I have any advice?  thanks Ruth

I think that comes under scheme for assisting people to obtain employment - see CPAG pg 1094 - but you should only get a low level sanction if you fail to accept or attend without good reason. A low level sanction should only be four or thirteen weeks, not six months. Have you seen the letter from the DWP?

Thanks so much, Daphne, I will start to study the stuff.  But if there is a quick answer to this I would appreciate it -  Does it make any difference if he had previous sanctions (which he has had?) Would this put it up to the six months?  Ruth

I don’t think so - the highest sanction for a low level sanction should only be 13 weeks - however many previous sanctions in the last 52 weeks. Six months is a second offence at the higher level. Definitely worth looking into.

It could be deemed to be a failure to participate in Mandatory Work Activity, see p.1091, which would attract a high level sanction unfortunately.

Reg.70(B) JSA Regs 1996 sets out the details of Mandatory Work Activity which is a scheme of 4 weeks work for 30 hours a week and is a prescribed scheme for the purposes of sec.19(2)(e) JSA Act 1996, which in turn deals with high level sanctions.

These are distinct from the Community Work Placement schemes referred to at p.1094 which are dealt with under reg.3 of JSA (Schemes for Assisting Persons to Obtain Employment) Regs 2013 and are schemes that can last up to 30 weeks - failure to participate in these schemes only attract a low level sanction as they’re only prescribed in relation to sec.17A JSA Act 1996 and this relates therefore to s.19A sanctions.

Thus, the notification from DWP about the scheme will be crucial here to understand exactly what kind of scheme they’ve been required to attend.

Confused, you will be….

Good point Paul ;)

We currently have a case before the UtT concerning refusal to participate in mandatory work activity and imposition of a sanction.

The central issue is whether the SSWP can require a claimant to undertake any form of work activity placement without regard to the purpose of the scheme as set out in the MWA regs - or must the SSWP show the placement is ‘likely to improve prospects of obtaining or remaining in work’ - JSA ACt s17A(2)&(3).

In other words can a claimant be sanctioned for failing to participate in a MWA placement which SSWP cannot demonstrate meet the objectives in s17A because the nature of the particular placement was not going to improve the claimants prospects? In our clients case because it was less likely to meet that criteria than the very similar voluntary work client had been undertaking for over 1 yr with a very similar ‘provider’ (another charity shop) where he had had a greater range of responsibilities.

Thanks for all the answers on this - it’s helped a lot to clarify things for me.  I will have a lot of regulations to read over the weekend!  Ruth