Mandatory Work Activity
Background
1. Mandatory Work Activity (MWA) is part of the menu of support available to
help Jobseeker’s Allowance (JSA) claimants as part of the Jobcentre Plus
Offer. This over-arching offer ensures that claimants receive the personalised,
responsive support that they need to find employment.
2. It is recognised that whilst the vast majority of JSA claimants engage with
the support available to them and make every effort to find work, there are a
few who, for a variety of reasons, fail to demonstrate the focus and discipline
necessary to seek out, secure and retain employment opportunities.
3. MWA, delivered under Section 17A of Jobseekers Act 1995, aims to tackle
this particular issue.
NB Under Section 17A of Jobseekers Act 1995 the Secretary of State may
require claimants to participate in prescribed schemes that are
‘designed to
assist them to obtain employment’. It is, therefore, imperative that in all
communications (written and verbal; internal and external) MWA is described
in line with DWP legislation and policy i.e. MWA is designed to help our JSA
claimants find work; it is
not a punitive measure.
District implementation
4. In each Contract Package Area (CPA) there is a strict annual limit on the
number of claimants the provider can take on to MWA provision. Districts
within a CPA must, therefore, work together to manage referral numbers.
5. The limited number of places available and the mandatory nature of the
provision make it imperative that District Management Teams (DMT)
implement processes to support MWA which are both effective and
transparent.
6. The identification process adopted must be seen to be both fair and
reasonable, and ensure that no claimant is referred to MWA without the
Advisory Team Manager having been consulted eg a case conference
approach.
7. DMT have a key role in ensuring that, at all levels, MWA messaging
conforms to policy intent - see background section of this guidance.
8. DMT are also responsible for ensuring that their MWA provider has
nominated contacts for raising absence related issues. The nominated
contact(s) must be familiar with the Labour Market Conditions Guide and able
to make decisions (e.g. whether to ‘treat as straight forward’ or not) promptly
and accurately in regard to issues including:
periods of sickness
domestic emergencies
easements for parents
9. It is also important for Districts to obtain regular MI and ensure that formal
Provider Engagement Meetings are set up with the MWA provider.
The provision
10. Mandatory Work Activity gives JSA claimants identified as most in need of
support, an opportunity to develop skills, disciplines and behaviours that we
know are widely valued by employers and that can help them in seeking
employment.
11. The vehicle for this will be work-based placements delivered by external
providers under contract to DWP. For those referred to a placement, their
participation is mandatory. The Jobseeker’s Allowance (Mandatory Work
Activity Scheme) Regulations 2011 support the mandatory nature of MWA.
Features
12. The placements sourced by the provider will:
last for 4 weeks;
be for 30 hours per week, unless restrictions apply, so allowing the
claimant time to meet their actively seeking obligations;
be reduced in line with any restrictions a claimant might have on their
Jobseeker’s Agreement (JSAg). In such circumstances, placements
will take up 75% of the time a claimant is available for work;
be of benefit to the local or wider community; and
be additional to any existing or expected vacancies the host
organisation might have.
13. MWA participants will continue to claim JSA and attend Jobsearch
Reviews.
14. The provider will meet the costs incurred by the claimant in attending the
MWA placement. This will include travel, childcare and replacement adult care
costs. The provider will also meet any additional support costs necessary to
allow disabled people to participate fully.
Identifying claimants suitable for MWA
15. The following JSA claimants
must not be referred to MWA:
young people aged 16 and 17, as the primary focus for this age group is
education and training
those participating in the Work Programme.
16. Other than that, it is at the Advisory Team’s discretion whether to refer a
JSA claimant to MWA, bearing in mind the policy intent as detailed below.
17. A JSA claimant potentially suitable for MWA is one identified through the
work targeted interview process as lacking, or failing to demonstrate, the
focus and discipline necessary to effectively:
seek out and pursue job opportunities
secure and retain employment.
18. As MWA places are limited, it is imperative the provision is deployed
appropriately. Where the primary barrier to a claimant finding work is a lack of
focus and discipline on their part, MWA has the potential to help them. But
where that lack of focus and discipline has a serious underlying cause, for
example:
a significant disability (whether physical or mental)
a low level of basic skills
a chaotic lifestyle due to drug / alcohol misuse
or where the primary barrier is something else altogether, for example:
a background that includes serious criminal convictions
MWA participation would only be beneficial, and therefore appropriate, if it
were deployed as a step within a structured approach designed to address
the claimant’s multiple barriers. Deployed in isolation, or as the first or primary
step, MWA would be wholly inappropriate.
19. MWA may not be appropriate for the following claimants, therefore
Advisory Teams must carefully consider the merits of a referral on a case by
case basis:
currently working (paid or voluntary)
undertaking employment related study / training
taking part in or recently completed a Jobcentre Plus employment-
related measure (contracted or non-contracted) aimed at helping them
move closer to the labour market.
20. MWA may be beneficial for a claimant that has recently received a labour
market related sanction / disallowance, providing an opportunity for them to
develop the skills, disciplines and behaviours sought by employers. (
NB MWA must not be used as an alternative means of addressing conditionality
doubts. If there are doubts about a claimant meeting JSA conditionality (i.e.
availability and actively seeking) those doubts must be addressed
appropriately).
21. If a lack of recent work experience is proving to be a barrier to finding work
for an otherwise well-focused claimant (even if they may be seeking out and
pursuing job opportunities), Advisory Teams should seek to address this with
the claimant by discussing the ways in which this experience could be gained
- for example through Work Together, work experience or by pursuing
volunteering opportunities.
22. Where a claimant is unwilling to address a lack of recent work experience,
and Advisory Teams believe an MWA placement would address this barrier
and help a claimant move closer to the labour market, they should consider if
a referral to MWA is appropriate for the individual claimant.
23. MWA is not an appropriate means of providing recent work experience
unless other options have been explored and are unlikely to lead to the
removal of this barrier – for example, the claimant will / does not pursue
options that would remove the barrier.
24. If a claimant is due to commence Work Programme (WP) provision within
the next few weeks, Advisory Teams must consider seriously whether a
referral to MWA is the best use of this limited resource. (
NB In circumstances
where a claimant approaching, or reaching, their WP entry point has
previously failed to start, or failed to complete, a MWA placement, if the
grounds for making the original referral remain valid then a further referral to
MWA must take precedence over the WP referral i.e. a temporary exemption,
using the criterion ‘customer on other suitable provision’, must be applied to
the WP referral)
25. The final decision on a claimant’s suitability for MWA is one that
must be
made in consultation with an Advisory Team Manager e.g. a case conference
approach.
26. To provide the necessary audit trail, it must be recorded as a LMS
conversation that the required consultation has taken place.
Introducing MWA to claimants
27. A referral to MWA must never come as a surprise to a claimant. If a
claimant’s circumstances suggest that they may be suitable for a referral to
MWA, the adviser must:
explain to the claimant that they are being considered for referral and
the reasons why i.e. to develop skills, disciplines and behaviours that
are widely valued by employers and that can help them in seeking
employment;
provide an overview of the provision to the claimant;
explain to the claimant that the case for referring them will be
discussed with the Advisory Team Manager in line with district
implementation protocols to support MWA;
explain to the claimant that if they are subsequently referred to MWA,
their participation will be mandatory, i.e. they may face a benefit
sanction if they do not take part; and
record, as an LMS conversation, that the discussion with the claimant
has taken place and the reasons cited for considering an MWA referral.
NB The language and tone used when discussing MWA with claimants is
crucial. MWA must
never be used as a threat or portrayed as a punitive
measure.
Referral process
28. The decision to refer a claimant to MWA provision must be seen to be fair
and reasonable; it
must have been made following consultation between the
claimant’s Personal Adviser and Advisory Team Manager (see District
implementation section of this guidance) and the fact that the consultation
took place must be recorded as a LMS conversation.
29. Because it takes time to follow the necessary local protocols, it is vitally
important for the Personal Adviser to confirm, by review of the Customer
Assessment Tool for example, that the reasons for considering referral in the
first instance remain valid.
30. If the reasons remain valid, before referring the claimant to the MWA
provider the Personal Adviser must check that there is nothing to prevent the
claimant from completing 4 consecutive weeks on provision, e.g. holiday
arrangements, jury service etc. The referral must be deferred if the claimant
cannot undertake 4 consecutive weeks on provision. Additionally, the
claimant’s Work Programme entry point must be checked; if that date falls
within the next 6 weeks, the appropriateness of a referral to MWA must be
considered, though it is intended claimants suitable for MWA complete it
before entering the Work Programme
31. The referral must be made within an adviser interview (a flexible
intervention interview should be used). MWA is supported by PRaP and
advisers must be familiar with PRaP Referral Guidance.
32. The adviser undertaking the referral must take the following actions:
Step
Action
1
Explain to the claimant:
why they are being referred
that the case for referring them has been discussed, and
agreed, by the Advisory Team Manager
what the provision entails
how we expect them to benefit from the provision
that any travel and/or care costs they incur will be met by
the provider
2
The next action will depend whether the claimant has a
Jobseeker’s Agreement (JSAg) or a JSA Claimant Commitment
(CC):
JSAg - ensure that the claimant’s JSAg and Action Plan are fully
up-to-date
JSA CC– ensure that the claimant’s Action Plan (AP) “Aims” free
text box has the following information:
annotate “JSA Claimant Commitment Case” (this is
important to signal the difference to providers)
input types of Work from the CC Jobseeker Profile
input any availability or work restrictions agreed on the CC
As a JSAg will not be created on LMS for CC cases, the relevant
information is transferred to providers through PRaP from the
AP. It is important the AP is updated as historic LMS JSAg
information will be automatically transferred to providers when
the referral is made.
3
Create an LMS conversation as follows:
****MWA referral****
This is necessary to help identify, at a future New Jobseeker
Interview, any claimant that might have signed-off without
completing MWA, and for whom a re-referral may be appropriate
4
Record the referral on LMS via the ‘Mandatory Work Activity –
Initial Ref’ opportunity.
NB1 Ensure MAPPA guidance is followed in appropriate cases
NB2 Separate procedures apply to Special Customer Record
cases
5
Issue the LMS generated referral letter MWA05 / MWA 05W and
explain its contents ensuring the claimant fully understands that:
the provision is mandatory and the consequences of non-
attendance
the MWA provider will contact them directly within 15
working days to give them full details of the placement
arranged
they must continue to follow the steps to find work as set
out in their Jobseeker’s Agreement
they must continue to attend fortnightly Jobsearch Reviews
(NB at adviser discretion, the claimant’s signing time, but
not day, can be rearranged to fit better with attending
MWA. Similarly, any requirement to attend weekly can be
waived during the MWA period)
they must inform their Advisory Services Team if they need
to change their signing time once details of their
placement are known
NB Although the MWA 05 letter
must be issued to the claimant,
it is not the letter that contains the text necessary to support the
mandatory nature of the provision. That text will be contained in a
letter, issued by the provider, giving the claimant the details of
their placement.
6
Record, as an LMS conversation, that letter MWA 05 has been
issued to the claimant (without a proper audit trail, any future
Decision Making and Appeals activity could be compromised).
7
Alert the provider to issues which impact upon the claimant’s
participation:
restricted availability
care requirements
additional support needs for claimants with a disability
penalties imposed by the legal system (if a claimant is
attending regular probation interviews, completing
community service hours or subject to curfew restrictions
the provider will manage placement arrangements
accordingly)
8
Make arrangements (e.g. LMS workflows) to follow-up the
referral. Advisory Teams must be alert to, and respond to, any
change in the claimant’s circumstances that might impact on their
participation and must instigate a 17 working day check to
ensure the provider has met their contractual obligations.
Change of circumstances
33. As there is a delay between the referral point and the placement start, it is
important any changes to the claimant’s circumstances that might impact on
their attendance (e.g. found work, change of address) are picked-up and
communicated promptly to the provider. This is necessary to prevent the
provider from instigating DMA action that will be a waste of time for both the
provider and Decision Making and Appeals colleagues.
34. To avoid delays, a phone call to the provider is considered the most
appropriate way of notifying the change. If the change is one that means
MWA participation is no longer relevant (e.g. claimant signed-off JSA), the
provider must be instructed to update PRaP accordingly.
17 day check
35. Seventeen working days after the referral has been made, the adviser
must check, via LMS, if the provider has updated the referral.
36. If LMS is showing a result against the referral there is no need to contact
the provider. However, if no result is showing on LMS, the adviser must
contact the provider after first checking the claimant’s claim status:
If the JSA claim has been closed, the adviser must inform the provider
and instruct the provider to update PRaP accordingly.
If the JSA claim remains open, the adviser must contact the provider to
discuss the circumstances of the case. If the provider is unable to give
a start date, the adviser must consider escalating the issue to the Third
Party Provision Manager.
Special Customer Records (SCR)
37. SCR cases must be handled by the JCP Nominated Officer in line with
National guidance.
38. In respect of MWA, the JCP Nominated Officer is responsible for:
Letting the MWA provider’s nominated contact know, by telephone, to
expect a clerical referral form SL2 in respect of a SCR claimant
Stressing, to the provider, the importance of following the SCR process
set out in Provider Guidance
Completing and sending an SL2 form to the provider’s nominated
contact
Advising the Third Party Provision Team (TPPT) that a clerical referral
to MWA has been made – this enables TPPT to manage referral
numbers effectively.
Obtaining, within 17 working days of the referral, full details of the
claimant’s placement from the MWA provider
Notifying the claimant, by telephone, of the placement details and
consequences of not attending
Printing the ‘referral to placement’ letter held on the District provision
Tool, completing the relevant fields, issuing it to the claimant and
noting the issue of the letter on the claimant’s clerical record
On-going liaison with the provider’s nominated contact in respect of SL2
completion, DMA action, provision end dates etc to meet the
requirements of MWA.
Claimant absences from MWA
39. If a claimant fails to attend their MWA placement the provider will ring a
nominated Jobcentre Plus contact (District implementation section refers)
40. In cases where a claimant has breached the permitted number / duration
of sickness or domestic emergency absences allowed under JSA regulations,
the provider must be told to end the claimant’s participation, update PRaP
accordingly and inform the claimant to attend Jobcentre Plus.
41. Once the claimant’s JSA status has been resolved, Advisory Teams will
need to consider the appropriateness of returning the claimant to MWA
provision.
42. In cases where the JSA claim remains intact, there may be instances
where it is no longer sensible to keep the claimant on MWA. Such decisions
must be made locally based on the circumstances of the case (e.g. likely
duration of the absence) as discussed with the MWA provider. If it is agreed
that participation should end, the provider must be told to inform the claimant
and update PRaP accordingly.
43. Once the absence issue is resolved, the Advisory Team will need to
consider the appropriateness of returning the claimant to MWA provision.
Sanction regime
44. MWA participation becomes mandatory when the provider issues the
claimant with a notice in writing containing details of the placement, what they
are required to do, and the consequences of failing to do so.
45. A claimant who fails to comply, without good cause, will receive a ‘higher’
level sanction of:
13 weeks, if not had a ‘higher’ level sanction applied in the previous 12
months
26 weeks, if this is their second ‘higher’ level sanction in a period of 12
months (from the date of the first failure)
156 weeks, if this is their third, or subsequent, ‘higher’ level sanction in
a period of 12 months (from the date of the previous failure)
46. Sanctions imposed will continue to apply regardless of whether the
claimant re-engages with the provision. A sanctioned claimant will have the
right of appeal and be able to apply for JSA Hardship in line with existing
guidance.
47. Referrals to Decision Making and Appeals Teams are made directly by the
MWA provider; there is no involvement for Jobcentre Plus in the first instance.
Information about the processes involved can be found in the Provider
Guidance published on the DWP internet site.
48. The key issue for Advisory Teams is to consider the appropriateness of
making a subsequent referral to MWA for those claimants who have been
through the DMA process.
Subsequent referrals and ‘balance of time’
49. Advisory Teams must be alert to claimants failing to start provision or
leaving provision early.
50. The following covers the range of scenarios in which it might be
appropriate to make a subsequent referral to MWA and whether such a
referral should be treated as a further ‘initial’ referral or a ‘balance of time’
referral. It is important that advisers distinguish between the two and take care
to make referrals via the correct LMS opportunity – any mix-up will create
additional work, for both JCP and the provider, and may undermine the value
of the MI being collected.
NB Within this process, Advisory Teams may, in some scenarios, identify
issues with the application of the MWA sanction regime. Any such issues
must be addressed appropriately ie with the DMA Team or, if it is felt the
provider might not be fulfilling their obligations, with the Third Party Provision
Team.
Claimant ceases to claim JSA between point of referral and start
date of MWA placement
51. In this scenario the Advisory Team must ensure that the provider is aware
of the claim closure reason and updates PRaP accordingly. The Advisory
Team may also wish to record the circumstances of the case (e.g. as an LMS
Conversation) so that should the claimant return to JSA, consideration can be
given to returning them to MWA.
52. If the claimant returns to JSA, the Advisory Team
must consider if it is
appropriate to make a subsequent MWA referral. Unless there has been a
significant change in the circumstances which led to the original referral, the
claimant should be referred again to MWA; any such referral must be treated
as a further ‘initial’ referral.
53. Advisory Teams should also consider if the claimant ceasing to claim JSA
between being referred to MWA and the start date of their placement (and
subsequently returning to JSA) indicates fraudulent activity; this should be
explored and, where appropriate, tested (e.g. via More Frequent Attendance).
NB If, when the new claim is made, the claimant is approaching or has
reached their Work Programme entry point, a referral back to MWA (where
appropriate), must take precedence over the Work Programme referral i.e. a
temporary exemption, using the criterion ‘customer on other suitable
provision’, must be applied to the Work Programme referral.
Claimant does not start MWA placement and JSA claim continues
54. In this scenario Advisory Teams
must consider if it is appropriate to make
a subsequent referral. As the outcome of the DMA process may have a
bearing on the appropriateness of referral (e.g. claimant’s ‘good cause’ may
still apply) the Advisory Team must consider whether it would be
advantageous to await the outcome of the DMA process before making a
referral decision.
55. Unless there has been a significant change in the circumstances which led
to the original referral, the claimant should be referred again to MWA; any
such referral must be treated as a further ‘initial’ referral.
NB A MWA referral would take precedence over a Work Programme referral if
the Work Programme entry point has been reached or is imminent ie a
temporary exemption, using the criterion ‘customer on other suitable
provision’, must be applied to the Work Programme referral.
Re-referring a claimant serving a MWA sanction
56. In circumstances where the claimant is serving a MWA-related sanction
the Advisory Team must consider if there are any wider issues that might
make a prompt re-referral inappropriate, though it is expected that unless
there has been a significant change in the circumstances which led to the
original referral, the claimant should be referred again to MWA.
57. A claimant’s refusal to engage with MWA should certainly give the
Advisory Team cause for concern about the claimant’s availability for
employment. Such concerns must be explored rigorously and appropriate
action taken.
58. Advisory Teams should also consider if the claimant’s refusal might
indicate fraudulent activity; again, this should be explored and, where
appropriate, tested (eg via More Frequent Attendance)
Claimant ceases to claim JSA after placement start date but didn’t
actually start MWA placement
59. In this scenario the provider should have instigated DMA action at the
point the claimant failed to start the placement. Advisory Teams must,
therefore, be alert to any reserved DMA decision attached to the claim (DMA
paperwork should have been sent to JCP office for retention) and ensure
appropriate action is taken (i.e. re-referral to DMA if a new claim is made
within the sanction period).
60. Once any doubt has been cleared (i.e. sanctioned or not), the Advisory
Team
must consider if it is appropriate to make a subsequent MWA referral.
Unless there has been a significant change in the circumstances which led to
the original referral, the claimant should be referred again to MWA; any such
referral must be treated as a further ‘initial’ referral.
NB If, when the new claim is made, the claimant is approaching or has
reached their Work Programme entry point, a referral back to MWA (where
appropriate), must take precedence over the Work Programme referral i.e. a
temporary exemption, using the criterion ‘customer on other suitable
provision’, must be applied to the Work Programme referral.
Claimant ceases to claim JSA after starting MWA placement
61. In this scenario the Advisory Team must ensure that the provider is aware
of the claim closure reason and updates PRaP accordingly. The Advisory
Team may also wish to record the circumstances of the case (e.g. as an LMS
Conversation) so that should the claimant return to JSA, consideration can be
given to returning them to MWA.
62. If the claimant returns to JSA the Advisory Team
must consider if it is
appropriate to make a subsequent MWA referral. Unless there has been a
significant change in the circumstances which led to the original referral, the
claimant should be referred again to MWA. Where that is the case, the way in
which the claimant is referred will depend on the time between them ending
provision and the date of subsequent referral:
If the referral date is 14 days or more after the provision end date, this
must be treated as a further ‘initial’ referral i.e. via ‘Mandatory Work
Activity – Initial Ref’ opportunity type on LMS
If the referral date is less than 14 days after the provision end date, the
referral will be for ‘balance of time’ and made via the ‘Mandatory Work
Activity – Re-Referral’ opportunity on LMS
63. Advisory Teams must be mindful of any reserved DMA decision attached
to the claim and take appropriate action.
NB If, when the new claim is made, the claimant is approaching or has
reached their Work Programme entry point, a referral back to MWA (where
appropriate), must take precedence over the Work Programme referral ie a
temporary exemption, using the criterion ‘customer on other suitable
provision’, must be applied to the Work Programme referral.
Balance of time
64. Balance of time is the remaining amount of time a claimant should spend
on MWA in situations where they have left their placement before completing
the full 4 weeks of provision.
65. Balance of time is only appropriate in cases where there is less than 14
days between the previous end date and latest referral date. If 14 or more
days have elapsed, any subsequent referral will again be treated as an 'initial
referral' and be for the full 4 weeks.
66. Balance of time referrals must be for full weeks; therefore, the minimum
period for balance of time will be one week.
67. In establishing the balance of time to be served, part-weeks spent on
provision are treated as full weeks. If, for example, a claimant spent 1 week
and 2 days on provision, the balance of time to be served is 2 weeks.
68. When making a balance of time referral, the adviser must take the
following actions:
Step
Action
1
Explain to the claimant why they are being returned to the
provision and the time to be spent on placement.
2
Ensure that the claimant’s JSAg and Action Plan are fully up-to-
date
3
Create an LMS conversation as follows:
****MWA referral****
This is necessary to help identify, at a future New Jobseeker
Interview, any claimant that might have signed-off without
completing MWA, and for whom a re-referral may be appropriate
4
Record the referral on LMS via the ‘Mandatory Work Activity –
Re-Referral’ opportunity
NB Separate procedures apply to Special Customer Records
cases
5
Issue the LMS generated referral letter MWA05 / MWA05W and
explain its contents ensuring the claimant fully understands that:
the provision is mandatory and the consequences of non-
attendance
the MWA provider will contact them directly within 15
working days to give them full details of the placement
arranged
they must continue to follow the steps to find work as set
out in their Jobseeker’s Agreement
they must continue to attend fortnightly Jobsearch Reviews
(NB at adviser discretion, the claimant’s signing time, but
not day, can be rearranged to fit better with attending
MWA. Similarly, any requirement to attend weekly can be
waived during the MWA period)
they must inform their Advisory Services Team if they need
to change their signing time once details of their
placement are known
6
Record, as an LMS conversation, that letter MWA 05 has been
issued to the claimant (without a proper audit trail, any future
Decision Making and Appeals activity may well be
compromised).
7
Tell the provider the balance of time to be served and alert them
to issues which impact upon the claimant’s participation:
restricted availability
care requirements
additional support needs for claimants with a disability
penalties imposed by the legal system (if a claimant is
attending regular probation interviews, completing
community service hours or subject to curfew restrictions
the provider will manage placement arrangements
accordingly)
8
Make arrangements (e.g. LMS workflow) to follow-up the referral
including a 17 day check to ensure the provider has met their
contractual obligations.
Claimant leaves MWA provision early and JSA claim continues
69. In this scenario Advisory Teams
must consider if it is appropriate to make
a subsequent referral. If there is a DMA result pending, the Advisory Team
must consider whether it would be advantageous to await the outcome before
making a decision on referring again to MWA (the DMA outcome may have a
bearing on the appropriateness of referral e.g. claimant’s ‘good cause’ may
still apply).
70. Unless there has been a significant change in the circumstances which led
to the original referral, the claimant should be referred again to MWA. If a
further referral is made, the way in which it is made will depend on the time
between the claimant ending provision and the date of subsequent referral:
If the referral date is 14 days or more after the provision end date, this
must be treated as a further ‘initial’ referral i.e. via ‘Mandatory Work
Activity – Initial Ref’ opportunity type on LMS
If the referral date is less than 14 days after the provision end date, the
referral will be for ‘balance of time’ and made via the ‘Mandatory Work
Activity – Re-Referral’ opportunity on LMS
NB A MWA referral would take precedence over a Work Programme referral if
the Work Programme entry point has been reached or is imminent ie a
temporary exemption, using the criteria ‘customer on other suitable provision’,
must be applied to the Work Programme referral.
Re-referring a claimant serving a MWA sanction
71. In circumstances where the claimant is serving a MWA-related sanction
the Advisory Team must consider if there are any wider issues that might
make a prompt re-referral inappropriate, though it is expected that unless
there has been a significant change in the circumstances which led to the
original referral, the claimant should be referred again to MWA.
72. A claimant’s refusal to engage with MWA should certainly give the
Advisory Team cause for concern about the claimant’s availability for
employment. Such concerns must be explored rigorously and appropriate
action taken.
73. Advisory Teams should also consider if the claimant’s refusal might
indicate fraudulent activity; again, this should be explored and, where
appropriate, tested (e.g. via More Frequent Attendance)
Claimant transfers their JSA claim to another office
74. If the claimant has been referred to MWA but not yet started their
placement, the provider must be informed and told to update PRaP with a ‘did
not start’ outcome. The Advisory Team at the new office must decide if the
claimant is suitable for MWA.
75. If the claimant has started their MWA placement the action to take will
depend on where they have moved to.
76. If the claimant’s new office is within the same provider Contract Package
Area (details of a provider’s CPA will be held by Third Party Provision Teams),
the provider must be informed of the change and advised to source a suitable
placement for the remainder of the MWA period unless the existing placement
is within acceptable travelling distance for the claimant.
77. If the claimant’s new office is outside the provider’s Contract Package
Area, the provider must be informed and told to end the current placement.
The Advisory Team at the new office must decide if the claimant is suitable for
MWA – any referral would be for the full 4 weeks.
Unacceptable claimant behaviour
78. If a claimant who is participating in MWA displays potentially violent
behaviour in their dealings with Jobcentre Plus, the MWA provider must be
notified.
79. In most cases the claimant’s placement will not be affected, but the
notification is required to facilitate and inform the provider’s risk management
measures.
80. Similarly, MWA providers will notify Jobcentre Plus of any unacceptable
claimant behaviour whilst they are on placement. Any such notifications must
be referred to the Nominated Manager, usually the Jobcentre Manager.
New claim with reserved MWA DMA decision
81. If a claimant referred to MWA ends their JSA claim after starting, but not
completing, their placement or ends it shortly after they were due to start but
failed to do so, the Jobcentre should be holding paperwork relating to a
reserved DMA decision.
82. If that claimant then makes a new JSA claim within the period to which the
reserved decision applies, the case papers must be referred back to the DMA
Team.
83. Any thought of referring such claimants to MWA must wait until the DMA
outcome is known.
Claimants completing MWA
84. For MWA completers it is important that the Advisory Team conduct a
post-provision review. The review should focus on the claimant’s experience
of MWA and their needs moving forward. Any steps agreed must be recorded
on the claimant’s Jobseeker’s Agreement
85. The MWA provider will also give feedback on the claimant’s participation.
This should be received within 10 days of the completion date and will
document the claimant’s activities during placement, verify attendance and
note any skills developed. This feedback should be shared with the claimant.
Complaints
86. If a claimant has a complaint solely about their MWA provider you should
direct them to the provider.
87. If their complaint relates to both Jobcentre Plus and the MWA provider,
Jobcentre Plus is responsible for handling a joint response.
88. Information can be found in section 10 of the ‘Handling Feedback about
Contracted Employment Provision Guidance for Jobcentre Plus Staff’.
