Claimant commitment and work related groups
What the claimant commitment is
CC001 It is a condition of entitlement to UC that a claimant has accepted a claimant
commitment1.Unless the claimant has accepted a claimant commitment or can be
treated as having accepted a claimant commitment then there is no entitlement to
UC. A claimant commitment is a record of a claimant’s responsibilities in relation to
an award of UC2.
1 WR Act 12, s 4(1)(e); 2 s 14(1)
CC002 It is the responsibility of the Secretary of State to prepare for each UC claimant a
claimant commitment. A claimant commitment can be
1.
reviewed
and
2.
updated
at such times as the Secretary of State sees fit1.
1 WR Act 12, s 14(2)
Information included in the claimant commitment
CC003 A claimant commitment must include
1.
a record of the requirements that the claimant must comply with in connection
with an award of UC1
and
2.
the
2.1
amount by
and
2.2
period of time
which an award of UC can be reduced if the claimant fails to comply with any
of the requirements in their claimant commitment2
and
3.
notice of the claimant’s right of appeal against a decision to reduce an award
if the claimant fails to comply with a requirement3
and
4.
any other information that the Secretary of State considers appropriate4.
1 WR Act 12, s 14(4)(a); 2 s 26 and 27; UC Regs, reg 83(a); 3 WR Act 12, s 26 and 27; UC Regs, reg 83(b); 4 WR Act 12, s 14(4)(c)
CC004 The claimant commitment can be in any form as the Secretary of State sees fit1.
1 WR Act 12, s 14(3)
Example
1
Claimant Commitment Jack Smith
This commitment sets out what I have accepted I must do in return for Universal
Credit and the consequences of not fulfilling those responsibilities.
About me
My personal circumstances that my adviser should know about are
I am in good health
I have no dependent children
I have worked as a plumber for the last 4 years
I have a car
My job goal
Having discussed my personal circumstances with my adviser, my goal is to secure
work
As a plumber
Paid at least £8 per hour
Within 1.5 hours of my home
Full
time
If I do not find this kind of work within 8 weeks from now, my job goal will be
reviewed and I understand that I may be required to widen my job goal.
Offers of work
I understand I must take up any offers of work that fit within my job goal.
If I fail without good reason to take up such an offer, my benefit will be reduced by
£65 a week for 13 weeks.
My availability for work
I understand that at all times I must be willing and able to immediately attend a job
interview or start work.
If it is found that I am not available without good reason, my benefit will be reduced
by £65 a week for 4 weeks.
Ongoing actions I will take to obtain work
I will do everything I reasonably can to give myself the best prospects of obtaining
work. In order to meet this requirement I will typically spend the same amount of
time preparing, looking and applying for jobs as I would spend in work. Action I
could take includes
Checking my online account for matched vacancies at least daily and apply for
any suitable jobs that I am matched with
Checking Total Jobs and Plumbers Weekly online for listed vacancies every
week and apply for any suitable jobs
Contacting local plumbing companies about jobs every week
Look for vacancies in local newspapers and apply for any suitable jobs
If I do not do everything I reasonably can to look and apply for work without good
reason, my benefit will be reduced by £65 a week for 4 weeks.
Improving my job prospects – specific actions and support
In addition, I have discussed with my adviser what specific steps I need to take to
improve my job prospects
I will create an online CV by 31 October 2012; and
To help ensure I am matched with relevant jobs, I will register with Work Agency
Inc by 17 October 2012,
If I fail to take any action listed here without good reason, my benefit will be reduced
by £65 for 1 week followed by £9 a day until I have done what is required (as
notified by an adviser). This will apply for each action I fail to do.
Attending the Jobcentre
I will attend the Jobcentre Plus office at 123 North Street, Anytown at any time I am
asked to do so. I will also log into my online account whenever I am asked to do so.
I will contact Anytown Jobcentre in advance on 0123 456 789 if I am unable to
attend when I should. If I do not attend the Jobcentre or log into my account when I
am required to without good reason, my benefit will be reduced by £65 for 1 week
followed by £9 a day until I have done what is required (as notified by an adviser).
Showing what actions I have taken
Each time I attend, I will provide information to confirm I have done the activities in
this commitment. This may include
a record in my online account of the jobs I have looked for and applied for
copies of any paper applications I have made
any other electronic or paper confirmation of actions I have taken
Without this information I understand I may be treated as not having met the
requirement.
Reporting change of circumstances
I understand that I need to tell Jobcentre Plus immediately if my circumstances
change in any way which could affect my benefit. I have received and understood
information about the changes I must report, and should ask my adviser if I need
any further explanation.
I understand that if I fail to notify changes, or to provide information or evidence, I
could be liable to repay any overpaid benefit and I may be subject to prosecution or
other action.
I also understand that if I knowingly give Jobcentre Plus information that is incorrect
or incomplete, I could be liable to repay any overpaid benefit and I may be subject
to prosecution or, in the case of negligence, other action.
Claimant Statement
I understand this is the minimum I must do in return for Universal Credit and that if I
fail to do anything in this commitment my benefit may be reduced.
Where a decision is taken to reduce my benefit, I will have this fully explained to
me. I understand that if I disagree with the decision I have the right to appeal it.
I am aware of my right to complain if I am unhappy with the support given to me
from Jobcentre Plus. I can expect my complaint to be taken seriously and I know it
will not affect my benefit payment.
Signature………………………………………………Date…………………………
Support from Jobcentre Plus
My personal adviser is Jennifer Green, and I can contact her on 0123 456 789. If I
need support to meet any of the actions listed here, I can ask my adviser for help. I
can also arrange to discuss any concerns I may have about my work search or job
applications, if they arise.
I know I can expect my adviser to do her best to help me, listen to me and make
sure I feel comfortable dealing with Jobcentre Plus.
Example
2
Claimant Commitment Nicola Evans
This commitment sets out what I have accepted I must do in return for Universal
Credit and the consequences of not fulfilling those responsibilities.
About me
I am in good health
My partner is Peter Evans, I am the nominated carer for our children aged 8 and
10
I left my job as a receptionist to have children, but am now ready to go back to
work
My mother can provide me with emergency childcare
My job goal
Having discussed my personal circumstances with my adviser, my goal is to secure
work.
My goal is to secure work
Paid at least National Minimum Wage
Within 30 minutes of my home
Part time, for 25 hours a week between 9.30am and 2.30pm, from Monday to
Friday.
When my youngest child turns 13, I understand I will be required to look for full time
work.
Offers of work
I understand I must take up any offers of work that fit within my job goal.
If I fail without good reason to take up such an offer, my benefit will be reduced by
£65 a week for 13 weeks.
My availability for work
I understand that at all times I must be willing and able to attend a job interview as
soon as I can arrange suitable childcare and, in any case, within 48 hours.
I must be willing and able to start work as soon as I can arrange suitable childcare
and, in any case, within one month.
If it is found that I am not available without good reason, my benefit will be reduced
by £65 a week for 4 weeks.
Ongoing actions I will take to obtain work
I will do everything I reasonably can to give myself the best prospects of obtaining
work. In order to meet this requirement I will typically spend the same amount of
time preparing, looking and applying for jobs as I would spend in work. Action I
could take includes
Checking my online account for matched vacancies at least daily and apply for
any suitable jobs that I am matched with
Checking for listed vacancies on A to Z Jobs every week and apply for any
suitable jobs
Contacting local shops and offices about jobs every week
Keeping in regular contact with Work Agency Inc
If I do not do everything I reasonably can to look for work, without good reason, my
benefit will be reduced by £65 for 4 weeks.
My availability for work
I understand that at all times I must be willing and able to attend a job interview as
soon as I can arrange suitable childcare, and in any case within 48 hours.
I must be willing and able to start work as soon as I can arrange suitable childcare
and in any case within one month.
If it is found that I am not available without good reason, my benefit will be reduced
by £65 a week for 4 weeks.
Improving my job prospects – specific actions and support
In addition, I have discussed with my adviser what specific steps I need to take to
improve my job prospects
To establish what training courses would help me improve my job prospects I
will attend a skills assessment with an expert adviser at 10.00 am on 5 June
2012 at Anytown Jobcentre Plus
If I fail to take the actions listed here without good reason, my benefit will be
reduced by £65 for 1 week followed by £9 a day until I have done what is required
(as notified by an adviser).
Attending the Jobcentre
I will attend the Jobcentre Plus office at 56 High Street, Anytown at any time I am
asked to do so. I will also log into my online account whenever I am asked to do so.
I will contact Anytown Jobcentre in advance on 0123 456 789 if I am unable to
attend when I should. If I do not attend the Jobcentre or log into my account when I
am required to, without good reason, my benefit will be reduced by £65 for 1 week
followed by £9 a day until I have done what is required (as notified by an adviser).
Showing what actions I have taken
Each time I attend, I will provide information to confirm I have done the activities in
this commitment. This may include
a record in my online account of the jobs I have looked for and applied for
copies of any paper applications I have made
any other electronic or paper confirmation of actions I have taken
Without this information I understand I may be treated as not having met the
requirement.
Reporting change of circumstances
I understand that I need to tell Jobcentre Plus immediately if my circumstances
change in any way which could affect my benefit. I have received and understood
information about the changes I must report and should ask my adviser if I need
any further explanation.
I understand that if I fail to notify changes, or to provide information or evidence, I
could be liable to repay any overpaid benefit and I may be subject to prosecution or
other action.
I also understand that if I knowingly give Jobcentre Plus information that is incorrect
or incomplete, I could be liable to repay any overpaid benefit and I may be subject
to prosecution or, in the case of negligence, other action.
Claimant Statement
I understand this is the minimum I must do in return for Universal Credit and that if I
fail to do anything in this commitment my benefit may be reduced.
Where a decision is taken to reduce my benefit, I will have this fully explained to
me. I understand that I have a right of appeal against this decision.
I am aware of my right to complain if I am unhappy with the support given to me
from Jobcentre Plus, and can expect my complaint to be taken seriously.
Signature………………………………………………Date…………………………….
Support from Jobcentre Plus
My personal adviser is Helena Oldham, and I can contact her on 0123 456 789. If I
need support to meet any of the actions listed here, I can ask my adviser for help. I
can also arrange to discuss any concerns I may have about my work search or job
applications, if they arise.
I know I can expect my adviser to do her best to help me, listen to me and make
sure I feel comfortable dealing with Jobcentre Plus.
Accepting the claimant commitment
CC005 In order to be entitled to UC, a claimant can only be said to have accepted a
claimant commitment where it is
1.
the most up to date version
and
2.
accepted by the claimant in the manner specified by the Secretary of State1.
1 WR Act 12, s 14(5)
Example
Brian is in receipt of UC. He accepted a claimant commitment dated 1.11.13 when
he first made a claim for UC. On 9.2.14 a new claimant commitment for Brian was
drawn up by his adviser. This new claimant commitment has a greater number of
activities specified for the work search requirement. Brian refuses to accept it
because he thinks that his work search requirement is sufficient as it is. Brian has
not accepted a claimant commitment and is therefore no longer entitled to UC.
CC006 The method by which a claimant commitment is to be accepted by the claimant is
specified by the Secretary of State. The Secretary of State can specify that a
claimant commitment must be accepted
1.
electronically
or
2. by
telephone
or
3. in
writing
by the claimant1.
1 UC Regs, reg 84
Date of acceptance of the claimant commitment
CC007 There may be times where the claimant is unable to accept a claimant commitment
and therefore would not be normally entitled to UC. However, in certain
circumstances, a claimant is not required to meet the basic condition of having to
accept a claimant commitment in order to be entitled to UC.
1 UC Regs, reg 15(2)
Lacking capacity
CC008 A claimant does not have to meet the basic condition of accepting a claimant
commitment where they lack the capacity to do so1.
1 UC Regs, reg 15(2)(a)
CC009 Capacity is the ability of a person to make decisions that may have legal
consequences for themselves and or for others affected by the decision. In
determining whether a claimant lacks capacity to accept a claimant commitment,
the DM should consider whether the claimant can
1.
comprehend information relevant to a claim for UC
2.
retain information long enough to make a decision
3.
use and weigh information to make a decision
4.
communicate what their decision is.
Example
With the help of her family and carers,
Angela has claimed UC and has provided all
of the information required to support her claim. Angela cannot, however, accept
her claimant commitment due to a mental impairment which she has had since
birth. The state of her condition means that she cannot understand and accept a
claimant commitment in any meaningful sense. Angela is not required to accept the
claimant commitment in order to be entitled to UC.
CC010 Lack of capacity can be either a permanent or temporary state.
Example
Hanif was involved in a serious road traffic accident. Following the accident, Hanif
was in a coma for 3 days and was seriously ill. After many weeks of treatment Hanif
recovered to the extent that he was able to leave hospital and live back at home
and resume family life. Hanif lacked capacity following the accident but has now
regained it.
Exceptional circumstances
CC011 Where
1.
exceptional circumstances apply
and
2.
it would be unreasonable to expect the claimant to accept a claimant
commitment
then the claimant is not required to accept one1.
1 UC Regs, reg 15(2)(b)
CC012 Examples of when exceptional circumstances apply may include where
1.
the claimant is receiving medical treatment and is unable to accept the
claimant commitment
2.
there is a domestic emergency preventing the claimant from accepting the
claimant commitment
3.
the jobcentre is closed due to an emergency like fire or flood.
This list is not exhaustive. When determining whether or not exceptional
circumstances apply, the DM should remember that the normal everyday meaning
of exceptional is unusual; not typical.
Example
Loraine has claimed UC and has provided all of the information required to support
her claim. She has not yet accepted her claimant commitment but has an
appointment at the Jobcentre to do so. Loraine can’t attend on the day arranged
because she works on that day and this is part of her normal working pattern. The
DM determines that exceptional circumstances do not apply and Loraine is not
excused from having to accept a claimant commitment.
Backdating the claimant commitment
CC013 There will often be a gap of time between the date of
1.
claim
and
2.
acceptance
of the claimant commitment.
CC014 Where there is such a gap then the claimant can be treated as having accepted the
claimant commitment for that period1.
1 UC Regs, reg 15(1)
Example
Jack made his claim to UC on 20.5.13. However, he was unable to be seen by the
Jobcentre to discuss and accept his claimant commitment until 28.5.13. When Jack
attends the Jobcentre on 28.5.13, he accepts his claimant commitment and is
treated as having a claimant commitment for the period 20.5.13 to 28.5.13. This
therefore allows Jack to meet that particular condition of entitlement for UC.
Reviewing a claimant commitment
CC015 A claimant commitment can be reviewed and updated at such time as the Secretary
of State sees fit1. Where the claimant’s work related requirements change then the
claimant commitment must record this.
1 WR Act 12, s 14(2)
Example 1
Rory has been in receipt of UC for three months. He has no work and has failed to
find any since losing his job in retail prior to his claim for UC. Rory’s claimant
commitment includes his work search requirements which are mainly centred on
looking for work in his former occupation. Rory’s advisor at the Jobcentre decides
that Rory’s work search should be broadened to also include work other than just
retail work. Rory’s claimant commitment is updated to reflect this wider work search
requirement.
Example 2
Nina made a claim to UC but due to a domestic emergency was unable to accept
her claimant commitment. The DM treated Nina as having accepted her claimant
commitment and so Nina became entitled to UC. Now that domestic emergency has
passed, the DM decides to review Nina’s claimant commitment to see if its contents
are really relevant for Nina.
CC016 Where a claimant commitment has been reviewed and updated then the claimant
must accept it in order to maintain entitlement to UC1.
1 WR Act 12, s 14(5)
CC017 – CC019
Work related groups
Introduction
CC020 Depending on their circumstances, a claimant may fall into a particular work related
group. The group that a claimant falls into will determine what is required of them in
relation to their award of UC. The requirements are known as work related
requirements. Chapter XX provides guidance on the work related requirements.
The work related groups
CC021 The work related requirements which can be imposed on a claimant depend upon
which group the claimant falls into1. The groups are
1.
no work related requirements
2.
work focused interview requirement only
3.
work focused interview and work preparation requirements only
4.
all work related requirements.
1 WR Act 12, s 13(3)
What a work related requirement is
CC022 A work related requirement means1 a
1.
work focused interview requirement
2.
work preparation requirement
3.
work search requirement
4.
work availability requirement.
1 WR Act 12, s 13(2)
CC023 The Secretary of State can impose a work related requirement on a claimant which
the claimant must comply with1. If a claimant does not comply with a work related
requirement then there may be a reduction in their award of UC2. Chapters XXX
provide guidance on reductions and sanctions.
1 WR Act 12, s 13(1); 2 s 26 and 27
Carers
CC024 The requirements that a claimant may be subject to can be affected by their caring
responsibilities. In this guidance the following terms are defined.
Relevant carer
CC025 A relevant carer means1
1.
a parent of a child who is not the responsible carer but does have caring
responsibilities for the child
or
2.
a person who has caring responsibilities for a person who has a
2.1
physical
or
2.2
mental
impairment which requires such care.
1 UC Regs, reg 85(1)
Responsible foster carer
CC026 In relation to a child, a responsible foster carer means1
1.
a single person who is a foster parent
or
2.
a person who is a member of a couple where
2.1
the couple are foster parents
and
2.2
the person has been nominated by the couple jointly as the responsible foster
carer.
1 UC Regs, reg 85(1)
Responsible carer – couples and nominations
CC027 Joint claimants can nominate1 which one of them can be regarded as either the
1.
responsible carer
or
2.
responsible foster carer.
1 UC Regs, reg 86(1)
CC028 At any one time, only one of the joint claimants can be nominated as a responsible
carer or a responsible foster carer1.
1 UC Regs, reg 86(2)
CC029 Joint claimants can change1 which member is nominated
1.
once in a year starting from the date of the previous nomination
or
2.
on any occasion where the Secretary of State considers that there has been a
change of circumstances which is relevant to the nomination.
1 UC Regs, reg 86(3)
Claimants subject to no work related requirements
Introduction
CC030 The Secretary of State may not impose a work related requirement on the following
claimants1 who
1.
have LCW who also have LCWRA2
2.
are regular and substantial caring responsibilities for a severely disabled
person3
3.
are the responsible carer for a child under the age of one4
4.
have reached the qualifying age for SPC5
5.
have caring responsibilities for a severely disabled person which are not
regular and substantial but it would be unreasonable for the claimant to
comply with a
5.1
work search requirement even a limited requirement
and
5.2
work availability requirement even a limited requirement6
6.
are pregnant and it is 11 weeks or less before the expected date of
confinement7
7.
were pregnant and it is 15 weeks or less since the date of confinement8
8.
are adopters and it is 52 weeks or less since
8.1
the date that the child was placed with the claimant9
or
8.2
where the claimant chose that the 52 weeks should run from a date within 14
days before the child was expected to be placed, that date10
9.
are in a certain type of education11
1 WR Act 12, s19(1); 2 s 19(2)(a); 3 s 19(2)(b); 4 s 19(2)(c); 5 UC Regs, reg 90(2)(a);6 WR Act 12, s 17(4) and 18(3); UC Regs, reg
90(2)(b); 7 reg 90(2)(c); 8 reg 90(2)(d); 9 reg 90(2)(e)(i); 10 reg 90(2)(e)(ii); 11 reg 90(2)(f)
CC031 In CC030 an adopter1 is a person who has been matched with a child for adoption
who is, or is intended to be, the responsible carer for the child. This does not
include a
1.
foster parent
or
2.
step parent
or
3. relative
or
4.
step relative
of the child.
Note A person is matched with a child for adoption when it is decided by an
adoption agency that the person would be a suitable adoptive parent for the child2.
1 UC Regs, reg 90(3); 2 UC Regs, reg 90(4)
Claimants with LCW and also LCWRA
CC032 A claimant who has LCW and LCWRA should not have a work related requirement
imposed on them1.
1 WR Act 12, s 19(2)
Caring responsibilities
CC033 Where the claimant has
1.
regular
and
2.
substantial
caring responsibilities for a severely disabled person then a work related
requirement should not be imposed on them1.
1 WR Act 12, s 19(2)(b)
CC034 Regular and substantial caring responsibilities for a severely disabled person
means1 that the carer
1.
satisfies the conditions of entitlement for CA
or
2.
would satisfy the conditions of entitlement for CA if their earnings did not
exceed the prescribed limit for CA.
This definition applies regardless of whether or not that the carer has made a claim
for CA2. This definition does not apply to a person whose caring responsibilities
arise under a contract of service3.
1 UC Regs, reg 31(1); 2 reg 31(2); 3 reg 31(3)
CC035 A severely disabled person is ….
CC036 The conditions for entitlement to CA are that the claimant
1.
is engaged in caring for a severely disabled person for any day1 (see DMG
60035 to 60042)
and
2.
is regularly and substantially engaged in caring for that person2 (see DMG
60035 to 60042)
and
3.
is not gainfully employed3 (see DMG 60051 to 60052)
and
4.
is aged 16 or over4 (see DMG 60058)
and
5.
is not in FTE5 (see DMG 60068 to 60077)
and
6.
satisfies prescribed conditions of residence or presence in GB6 (see DMG
Chapter 07 Part 2).
Note The claimant does not have to be related to the severely disabled person7.
1 SS CB Act 92, s 70(1); 2 s 70(1)(a); 3 s 70(1)(b); 4 s 70(3); 5 s 70(3); 6 s 70(4); 7 SS (ICA) Regs, reg 6
CC037 A claimant who has caring responsibilities for a severely disabled person which are
not regular and substantial should not have a work related requirement imposed on
them if it would be unreasonable for that claimant to comply with a
1.
work search requirement
and
2.
work availability requirement
including where those requirements have been limited1.
1 UC Regs, reg 90(2)(b)
Caring for a child
CC038 Where the claimant is the responsible carer for a child under the age of one then no
work related requirements should be imposed on them1.
1 WR Act 12, s 19(2)(c)
CC039 A claimant is a responsible carer where1 they are a
1.
single person who is responsible for the child
or
2.
member of a couple where
2.1
the claimant or the other member of the couple is responsible for the child
and
2.2
they have been nominated by the couple jointly as responsible for the child.
1 WR Act 12, s 19(6)
The earnings threshold
CC040 The work related requirements do not apply to a single claimant where their
earnings exceed their individual threshold1.
1 UC Regs, reg 91(1)
CC041 For joint claimants, the work related requirements do not apply if the joint combined
earnings exceed their joint threshold1.
Note
The joint threshold for joint claimants is the sum of their individual thresholds.
1 UC Regs, reg 91(2)
CC043 For an individual the earnings threshold means1 the hourly rate of the NMW
appropriate to the claimant’s age
multiplied by
1.
16 hours per week for claimants subject to
2.1
the work focused interview group only
or
2.2
work preparation requirement
or
2.
the expected number of hours of work per week for claimants who would
normally be subject to all work related requirements.
1 UC Regs, reg 91(3)
Example
Jim is in receipt of UC and also has LCW. He is subject to a work preparation
requirement. Jim is aged 20 and the appropriate NMW rate for him is £4.98 per
hour.
Jim’s individual earnings threshold is £4.98 X 16 = £79.68 per week.
This means that if Jim has earnings below £79.68 per week then he is still subject
to a work preparation requirement.
Expected hours of work
CC044 The expected hours of work for a claimant is 35 per week unless an exception
applies1.
1 UC Regs, reg 89(1)
Example
Russell has claimed UC. He works in a hotel, earns £150 per week and is 27 years
old. Russell would normally fall into the all work related requirements group but the
DM has to determine whether Russell’s earnings exceed the individual earnings
threshold. The calculation is as follows
£6.08 (NMW rate appropriate to Russell) X 35 hours (the expected hours of work) =
212.80
Russell’s earning’s threshold is £212.80 pw.
His actual earnings are £150 and so are below the earnings threshold. Therefore,
Russell may have work related requirements imposed on him because he is in the
all work related requirements group.
Exceptions to the expected number of hours of work
CC045 The expected hours of work for a claimant
1.
who is a
1.1
relevant carer
or
1.2. responsible carer
or
1.3. responsible foster carer
and
2.
where the Secretary of State is satisfied that the claimant has reasonable
prospects of finding paid work
are the number of hours that the Secretary of State considers is compatible with
those caring responsibilities1.
1 UC Regs, reg 89(2)(a)
CC046 The expected hours of work for a claimant who is
a responsible carer for a child
aged under the age of 13 is the lower number of hours that the Secretary of State
considers is compatible with the child’s normal school hours (including the normal
time it takes the child to travel to and from school)1.
1 UC Regs, reg 89(2)(b)
Example
Jermaine is the responsible carer for his son who is aged 12 years old. It has been
agreed with Jermaine’s advisor at the Jobcentre that Jermaine expected hours of
work should be 28 hours a week because this fits in with his son’s normal school
hours.
When working out Jermaine’s earnings threshold, the calculation is the NMW rate
appropriate to Jermaine multiplied by 28.
CC047 The expected hours of work for a claimant
1.
who
has a long term
1.1
physical
or
1.2
mental
impairment
and
2.
whose ability to work for 35 hours a week is affected by that impairment
are the lower number of hours that the Secretary of State considers is reasonable
as a result of the impairment1.
1 UC Regs, reg 89(2)(c)
Earnings thresholds and any temporary change of circumstances
CC048 Where the claimant’s weekly amount of earnings
1.
exceeds their earnings threshold
and
2.
is likely to exceed their earnings threshold for a sustained period of time apart
from any temporary change of circumstances
then the DM has to treat that claimant as having earnings in excess of their
earnings threshold1.
1 UC Regs, reg 88(1)
Previous work related requirements
CC049 Where a claimant
1.
falls into the no work related requirements group
and
2.
was previously subject to any work related requirement
then those work related requirements no longer apply1.
1 WR Act, s 19(5)
Claimants subject to a work focused interview requirement
only
CC050 A work focused interview requirement is a requirement that the claimant is required
to participate in one or more work focused interviews1.
1 WR Act 12, s 15(1)
What is a work focused interview
CC051 A work focused interview is an interview which the claimant is required to participate
in which relates to work or work preparation1. The Secretary of State may specify
1.
how
2. when
and
3.
where
a work focused interview is to take place2.
1 WR Act 12, s 15(2); 2 s 15(4)
CC052 The
purposes1 of a work focused interview for a claimant are any or all of the
following
1.
assessing the claimant’s prospects for remaining
in or obtaining
work
2.
assisting or encouraging the claimant to remain in or obtain work
3.
identifying activities that will make remaining in or obtaining work more likely
4. identifying
4.1
training
or
4.2
educational
or
4.3
rehabilitation
opportunities that may make it more likely to remain in or obtain work or be
able to do so
5.
identifying current or future work opportunities that are relevant to the
claimant’s needs and abilities.
1 WR Act 12, s 15(3); UC Regs, reg 94
Who is subject to a work focused interview requirement only
CC053 Claimants
who
1.
are the responsible carer for a child aged at
1.1
least one
and
1.2
under five1
or
2.
are the responsible foster carer of a child2
or
3.
are the responsible foster carer of a qualifying young person and are not
subject to a
3.1
work search requirement
or
3.2
work availability requirement
because that young person has care needs3
or
4.
are a foster parent (but not the responsible foster carer) of a child or qualifying
young person and are not subject to a
4.1
work search requirement
or
4.2
work availability requirement
because that child or young person has care needs4
or
5.
are a foster parent who
5.1
do not have a child or qualifying young person placed with them but intend to
and
5.2
are within eight weeks of having fallen within
2.,
3. or
4.5
or
6.
have become a friend or family carer in relation to a child
6.1
within the last 12 months
and
6.2
are the responsible carer for that child6
are subject to a work focused interview only.
Note
In
3. and
4. this includes where the work search and work availability
requirement would be limited7.
1 WR Act 12, s 20(1)(a); UC Regs, reg 92(1); 2 reg 92(2)(a); 3 WR Act 12, s 17(4) and 18(3); UC Regs, reg 92(2)(b); 4WR Act 12, s
17(4) and 18(3); UC Regs, reg 92(2)(c); 5 reg 92(2)(d); 6 reg 92(2)(e); 7 reg 92(2)(b) and (c)
Example
Julia was in the no work related requirements group because she was the
responsible carer for a child aged under 1. Her child has since had his first birthday.
Julia is now in the work focused interview requirement only group. Julia’s claimant
commitment has been amended to reflect this.
CC054 A friend or family carer in CC053
6. means a person caring for a child who
1.
is responsible for the child but is not the child’s parent or step parent
and
2.
has
undertaken to look after the child because otherwise it would be likely that
the LA would look after the child due to
2.1
the child having no parents or having parents who are unable to care
or
2.2
there have been concerns about the child’s welfare1.
1 UC Regs, reg 92(3)
CC055 Where a claimant falls into one or more of the categories in CC053 then no other
work related requirement should be imposed on them. Any previous work related
requirement ceases to have effect if the claimant is subject to a work focused
interview requirement only1.
1 WR Act 12, s 20(3)
CC056 – CC059
Claimant subject to the work focused interview and work
preparation requirements
CC060 Claimants who
1.
do not fall into the
1.1
no work related requirements group
or
1.2
fall into the work focused interview requirement only group
and
2.
have
2.1
LCW
or
2.2
are of a prescribed description
are subject to a work preparation requirement1.
1 WR Act 12, s 21(1)
CC061 A claimant in this group may have a work preparation requirement imposed on them
by the Secretary of State1. They may also have a work focused interview
requirement imposed on them too2.
1 WR Act 12, s 21(2); 2 s 21(3)
CC062 Where the claimant falls within the work preparation requirement group then they
cannot have any other work related requirement imposed on them (other than a
work focused interview requirement). Also, any other work related requirement
imposed before the claimant was in this group ceases to have effect once a
claimant is in the work preparation requirement group1.
1 WR Act 12, s 21(4)
Example
Harry is in receipt of UC. When he first claimed UC, he was subject to a work
search and work availability requirement. On 1.11.13, the DM determined that
following a WCA, Harry has LCW. Harry is now in the work preparation group and
from 1.11.13, he is no longer subject to a work search or work availability
requirement.
Claimants subject to all work related requirements
CC063 A claimant who does
not fall into the
1.
no work related requirements group
or
2.
work focused interview requirements only group
or
3.
work focused interview and work preparation group
falls into the all work related requirements group1.
1 WR Act 12, s 22(1)
CC064 Unless an exception applies, a claimant in the all work related group must have a
1.
work search requirement
and
2.
work availability requirement
imposed on them1.
1 WR Act 12, s 22(2)
CC065 In addition, a claimant in the all work related group may also have a
1.
work focused interview requirement
and or
2.
work preparation requirement
imposed on them1.
1 WR Act 12, s 22(3)
EEA jobseekers
CC066 Claimants who are
1.
EEA jobseekers
or
2.
family members of an EEA jobseeker
have to be treated as subject to all work related requirements even if they would fall
into another work group1.
Note Family member means a family member as referred to in relevant legislation2.
1 UC Regs, reg 93(1); 2 reg 93(2) and Imm (EEA) Regs, reg 7
Example
Juan has just arrived in GB from Spain and has claimed UC.He is single and is the
responsible carer for a child aged 6 months old. The DM determines that Juan is in
the all work related requirements group even though he would have otherwiser be
subject to no work related requirements.
CC067 An EEA jobseeker means1.
1.
a person mentioned in relevant legislation2 or
2.
a person who is treated as a worker under relevant legislation3.
1 UC Regs, reg 93(2); 2 Imm (EEA) Regs, reg 6(1)(a); 3 reg 6(2)(b)