eligibility requirements for AtW customers who are self-employed or employed by their own limited company

The request was successful.

Darren Townsend-Handscomb

Dear Department for Work and Pensions,

Currently a number of AtW customers who are self-employed or work for their own limited companies have had their AtW support stopped. Reasons stated include not earning the national minimum wage, or not paying Class 2 or 4 NI contributions.

Having looked at AtW Guidance v 24 (20-25, 34-42, 570, 577, and 614) it is not clear on what basis these decisions are being made.

I’ve summarised a previous related FoI request re this matter below:

FoI question: Please provide copies of all policies and other relevant documentation that are used by Access to Work (ATW) staff in
relation to eligibility rules in relation to Deaf customers who are self-employed or directors in a limited company. (Made 27/5/14 through whatdotheyknow.com)

AtW answer: There are no specific eligibility rules for deaf people. Access to Work Advisers use the following guidance. (The reply gives the full text from Guidance under the following headings - Eligibility conditions for Access to Work? What is employment? What is self–employment?)

This FoI request asks related but different questions. Can I ask for all written information at AtW / DWP re the following questions. If there is no written information, please confirm that, and in your reply address the questions raised.

1) Other than ‘The Guidance’ what policy and/or guidance documents set out the eligibility criteria or gateway criteria for ATW support for people who are self employed, or employed by their own limited company, and specifically that deals with minimum income requirements and NI contributions where income is below the threshold for NI contributions?

2) What information leaflets/guidance notes/standard information (published or sent to customers) exist that explain eligibility rules to customers and are, in particular those who are employed by their own limited company or self employed, to assist customers in understanding how to become and remain eligible for ATW support?

3) If AtW customers are found not to meet eligibility requirements, but were not informed of the eligibility requirements when being assessed and/or reviewed and/or when their AtW support was awarded, what procedures or guidance exist to enable customers to be able to make changes to become eligible (including retrospectively) so as not to lose or have a break in their support?

Yours faithfully,

Darren Townsend-Handscomb

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DWP Strategy Freedom of Information, Department for Work and Pensions

FoI 4495

Dear Darren Townsend-Handscomb,

Thank you for your Freedom of Information request.

You can expect a reply by 5/11/14 unless I need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely,

DWP Central FoI Team
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If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team,
Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Freedom of Information request

Yours sincerely

DWP Strategy FoI team

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DWP Strategy Freedom of Information, Department for Work and Pensions

DWP Strategy Freedom of Information would like to recall the message, "Freedom of Information request - eligibility requirements for AtW customers who are self-employed - 4495".

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Freedom of Information request

Yours sincerely

DWP Strategy FoI team

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