UC claimants who should NOT be rreferred to the Restart Scheme

The request was refused by Department for Work and Pensions.

Dear Department for Work and Pensions,

I have found the following information about your Restart Scheme:

'Referrals will be made over a 3-year period and the Restart Scheme will benefit more than 1 million Universal Credit claimants who are expected to look for and be available for work but have no sustained earnings. The scheme will provide up to 12 months of tailored support for each participant. Early access can be considered on a case by case basis where conversations with a work coach suggest this is the most appropriate route for the individual.'

https://www.gov.uk/government/publicatio...

Request:

Please provide all information held concerning those UC claimants who should not be considered for referral to the Restart Scheme.

Background:

I know, for example, that JSA claimants who were doing voluntary work should not have been considered for Mandatory Work Activity (MWA):

'13. It was suggested on the appellant’s behalf that in the light of this guidance the correct decision ought to have made was:

“The appellant had good reason for failing to participate in the scheme because the DWP Mandatory Work Activity Guidance para. 18 clearly stated that he should not have been considered for referral because he was already undertaking voluntary work.”

I agree with all of these submissions and the result proposed.'

NM v Secretary of State for Work and Pensions (JSA) [2015] UKUT 0701 (AAC)
https://www.bailii.org/uk/cases/UKUT/AAC...

It may be that similar rules apply.

Yours faithfully,

J Roberts

DWP freedom-of-information-requests, Department for Work and Pensions

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References

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2. http://www.gov.uk/dwp

DWP freedom-of-information-requests, Department for Work and Pensions

This is an automated confirmation that your request for information has
been received by the DWP FOI mailbox.
 
If your email is a valid Freedom of Information request, as per Section 8
of the FOI Act 2000, you can normally expect a response within 20 working
days.
 
Please note that email FOI responses will be issued from
[1][email address]
 
We recommend that you add this address to your email contacts otherwise
the response may be treated as Spam or Junk mail.  
 
Should you have any further queries in connection with this request please
contact us.
 
Information on the Department for Work and Pensions can be accessed on
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J Roberts left an annotation ()

Something particularly disturbing from 'NM ':

'12. It was only when Mr Turville of Oxfordshire Welfare Rights came on the scene to assist the appellant with his submissions on the Upper Tribunal appeal that the existence of such a policy became apparent. It was contained in paragraph 18 of the DWP’s Mandatory Work Activity Guidance (ONLY DISCLOSED, IT SEEMS, UNDER THE FREEDOM OF INFORMATION ACT 2000), dated it would seem from July 2012.' (emphasis added)

https://www.bailii.org/uk/cases/UKUT/AAC...

Frank Zola left an annotation ()

Claimant Eligibility and Claimant Suitability
https://www.gov.uk/government/publicatio...
Related:
The mandatory Restart scheme: can it be avoided?
https://www.reddit.com/r/DWPhelp/comment...
Noting UC 35 hour a week work search and prep default:

The universal Credit Regulations (2013)
“Expected hours
88. —(1) The “expected number of hours per week” in relation to a claimant for the purposes of determining their individual threshold in regulation 90 or for the purposes of regulation 95 or 97 is 35… ”
http://www.legislation.gov.uk/uksi/2013/...

Voluntary work can reduce the 35 hours by max of 17.5 hours a week, if volunteering for 35 hours a week:
https://www.startpage.com/do/search?q=vo...

DWP may have created internal guidance for use by a Work Coach, on how they can exercise discretion on referral to Restart.

J Roberts left an annotation ()

Frank Zola,

Thanks for all the information, particularly that concerning eligibility and suitability, and inappropriate referrals:

https://www.gov.uk/government/publicatio...

'2.36. In exceptional cases, inappropriate referrals may occur, for example where information regarding a claimant’s circumstances is identified after referral. Inappropriate referrals could be identified either before the Initial Face to Face Meeting has happened (Potential Participants) or after someone has started on the Restart Scheme (Participants). In this section, “Participant” means both Participant and Potential Participant.

2.37. Inappropriate referrals are defined as a referral made where a Participant is either not eligible or not suitable for the provision (see Restart Provider Guidance Chapter 1 - Introduction and Overview).

https://www.gov.uk/government/publicatio...

DWP Central FOI Team,

1 Attachment

Dear J Roberts,

I am writing in response to your request for information, received 20th
September.

Yours sincerely,

DWP Central FoI Team

J Roberts left an annotation ()

The link above does not work. This one does:

2.37. Inappropriate referrals are defined as a referral made where a Participant is either not eligible or not suitable for the provision (see Restart Provider Guidance Chapter 1 - Introduction and Overview).

https://www.gov.uk/government/publicatio...