JSA Claimant Commitment
Dear Department for Work and Pensions,
1. Section 44(2) of the Welfare Reform act 2012 states:
"In section 1 (the jobseeker’s allowance), in subsection (2)(b) for “entered into a jobseeker’s agreement which remains in force” there is substituted “accepted a claimant commitment”."
a) If this Act is in force now how are those claimants who are currently claiming JSA and still have a JSAg legally entitled to claim JSA as they have not yet “accepted a claimant commitment”?
b) Doesn't the fact that there are still claimants receiving JSA without having “accepted a claimant commitment" (and will be up to April 2014) mean that a JSA claimant with a JSAg does not mandatorily have to accept a JS CC to be eligible for JSA? If, as you state in my previous FOI (5422), it is mandatory to accept a JSA CC please provide more detail to explain specifically what makes it mandatory for a claimant with a current JSAg to accept a JS CC.
2. In the section "My Claimant Statement" in the JSA CC there is this statement: "I understand this Claimant Commitment is my Jobseeker's Agreement for the purpose of section 1(2)(b) of the Jobseekers act 1995"
What written or verbal explanation will be offered to the claimant at the point of signing the JSA CC to ensure that the claimant literally understands the full legal ramifications of the statement he is being asked to accept?
Yours faithfully,
George Hepplestein
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Dear George Hepplestein,
Thank you for your Freedom of Information request. Please find enclosed our acknowledgment of its receipt.
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.
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Please see the attached reply to your Freedom of Information request
Yours sincerely
DWP Strategy FoI team
Dear Department for Work and Pensions,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department for Work and Pensions' handling of my FOI request 'JSA Claimant Commitment'.
Thank you for your response. Unfortunately you have failed to answer the questions asked.
I am not asking for an interpretation of data I am asking for the data which answers my questions.
Therefore, please provide information which answers my questions 1a and 1b.
In question 2 I am asking what exactly will be the explanation offered to the claimant about the statement so that the claimant will be able to make an informed decision before they sign.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/j...
Yours faithfully,
George Hepplestein
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been accepted by the DWP FoI mailbox.
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information owner within the Department who will respond to you direct.
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expect a response within 20 working days.
Should you have any further queries in connection with this request do
please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
[1]http://www.dwp.gov.uk/freedom-of-informa...
References
Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...
Please see the attached acknowledgement to your Freedom of Information request
Yours sincerely
DWP Strategy FoI team
Dear George Hepplestein,
Thank you for your Freedom of Information review request. Please find enclosed our reply.
If you have any queries about this letter please contact me quoting the reference number above.
Yours sincerely,
DWP Central FoI Team
------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act
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.
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.gov.uk
Dear Department for Work and Pensions,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department for Work and Pensions' handling of my FOI request 'JSA Claimant Commitment'.
Please can I make it clear that I am not asking for an interpretation of legislation. I did make my request as a series of questions but I expected to be provided with relevant legislation etc. to answer those questions and no interpretation of that information is required. I get the distinct impression that you are attempting to avoid answering these quite reasonable questions.
I will attempt to rephrase my request to obtain the information you must hold on this matter.
1. Is Section 44(2) of the Welfare Reform act 2012 and in particular section 1 (the jobseeker’s allowance) subsection (2)(b) enacted? If so on what date did it become law?
2. If it is in force please provide the legislation that allows a claimant who has a JSAg to claim JSA contrary the requirement of the Act that the claimant must have “accepted a claimant commitment” [Section 44(2) of the Welfare Reform act 2012, section 1 (the jobseeker’s allowance), subsection (2)(b)]?
3.You state in my previous FOI (5422) that it is mandatory to accept a JSA CC. Please provide the basis for that response, i.e. provide the legislation that specifically makes it mandatory for a claimant with a current JSAg to accept a JSA CC. You must have that information or you would not be able to state that it is mandatory.
4. In the section "My Claimant Statement" of the JSA CC there is this statement: "I understand this Claimant Commitment is my Jobseeker's Agreement for the purpose of section 1(2)(b) of the Jobseekers act 1995"
i. Please explain in layman's terms what this statement means - I am not asking for an interpretation of it but a rewording in terms that any person can understand.
ii.What are the legal consequences of agreeing to this statement? What is the purpose of the statement from a legislative and legal standpoint - what is its effect? Please provide any legislation that explains this.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/j...
Yours faithfully,
George Hepplestein
This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct.
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
Should you have any further queries in connection with this request do
please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
[1]http://www.dwp.gov.uk/freedom-of-informa...
References
Visible links
1. http://www.dwp.gov.uk/freedom-of-informa...
Dear George Hepplestein,
Thank you for your Freedom of Information request. Please find enclosed our acknowledgment of its receipt.
If you have any queries about this letter please contact me quoting the reference number above.
Yours sincerely,
DWP Central FoI Team
------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act
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.
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.gov.uk
Dear DWP Strategy Freedom of Information,
I would like to add one further question to my previous note.
5.
i. Is the award of JSA conditional on the claimant agreeing that they understand the statement presented in question 4? Is there a difference for a new claimant and a claimant who has held a JSA claim for some time? Please provide the legislation that explains this.
ii.Can the JSA CC be accepted without agreeing to this
statement? If not please provide the legislation which explains this.
iii. Can this statement be crossed out and the remainder of the JSA CC be agreed to by signing the agreement? If not please provide the legislation that explains this.
Yours sincerely,
George Hepplestein
Dear George Hepplestein,
Thank you for your Freedom of Information review request. Please find enclosed our reply.
If you have any queries about this letter please contact me quoting the reference number above.
Yours sincerely,
DWP Central FoI Team
------------------------------------------------------------------------------------------------------
Your right to complain under the Freedom of Information Act
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.
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.gov.uk
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