Mandatory Work Activity
Background
1.  Mandatory Work Activity (MWA) is part of the menu of support available to
help Jobseekers Allowance (JSA) claimants as part of the Jobcentre Plus Pre
“Work Programme” 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 Jobseeker’s Act 1995, aims to
tackle this particular issue.
NB Under Section 17A of Jobseeker’s 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. Due
to commercial constraints and ministerial commitments, it is not possible for
Districts to buy additional places from their flexible funds.
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
  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. A JSA claimant potentially suitable for MWA is one identified through the
work targeted interview process, supported by use of the Customer
Assessment Tool, as lacking ,or failing to demonstrate, the focus and
discipline that is necessary to effectively:
  seek out and pursue job opportunities
  secure and retain employment
16. 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.
17. Given the policy intent of MWA, the following claimants must not be
considered for referral to MWA:
  currently working (paid or voluntary)
  undertaking employment related study / training
  taking part in or recently completed* another employment measure
(contracted or non-contracted) aimed at helping them move closer to
the labour market
(* A claimant ‘dropping-out’ of an employment measure prematurely may, or
may not, indicate a lack of focus and discipline on their part; it is for Advisory
Teams to consider the merits of MWA referral on a case by case basis).

18. 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.
19. If a lack of recent work experience is proving to be a barrier to finding work
for an otherwise well-focused claimant, Advisory Teams must seek to address
this through appropriate measures eg Work Together; MWA is not an
appropriate measure in such cases
20. The final decision on a claimant’s suitability for MWA is one that must be
made in consultation with an Advisory Team Manager eg a ‘case conference’
approach.
21. To provide the necessary audit trail, a record must be kept of the
consultation meeting (e.g. as an LMS conversation).
Introducing MWA to claimants
22. 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 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
  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
23. 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 (e.g. as a LMS conversation).
24. 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.
25. 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.

26. 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.
27. 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
Ensure that the claimant’s JSAg and Action Plan are fully up-to-
date
3
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
4
Discard the LMS generated referral letter and, instead, issue the
claimant the clerical notification letter MWA 05/MWA 05W.
Explain its contents ensuring that the claimant fully understands
that:
  the provision is mandatory and the consequences of non-
attendance
  the MWA provider will contact them directly within 10 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.
5
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).
6
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)

7
Make arrangements (e.g. LMS workflow) to follow-up the referral
including a 12 working day check to ensure the provider has met
their contractual obligations.
12 day check
28. Twelve working days after the referral has been made, the adviser must
check, via LMS, if the provider has updated the referral.
29. 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)
30. SCR cases must be handled by the JCP Nominated Officer in line with
National guidance.
31. 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 12 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
32. If a claimant fails to attend their MWA placement the provider will ring a
nominated Jobcentre Plus contact (District Implementation section refers)
33. 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.
34. Once the claimant’s JSA status has been resolved, Advisory Teams will
need to consider the appropriateness of returning the claimant to MWA
provision.
Care related absences
35. There may be cases where a temporary change to a claimant’s caring
responsibilities (e.g. child excluded from school or hospitalised) means that
although their claim position is not affected, it is no longer sensible to keep
them on MWA.
36. Such decisions must be made locally based on the circumstances of the
case (e.g. likely duration of the disruption) 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.
37. Once the care issue is resolved, the Advisory Team will need to consider
the appropriateness of returning the claimant to MWA provision.
Sanction regime
38. MWA participation becomes mandatory when the provider issues the
claimant with details of their placement.
39. A claimant who fails to comply, without good cause, will be sanctioned for
13 weeks. A second such failure, within 12 months of the first sanction, will
result in a 26 week sanction.
40. 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.
41. 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.
42. 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’
43. Advisory Teams must be alert to claimants failing to start provision or
leaving provision early.

44. 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
45. 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.
46. If the claimant returns to JSA, the Advisory Team must consider if it is
appropriate to make a subsequent MWA referral; if it is, this must be treated
as a further ‘initial’ referral.
Claimant does not start MWA placement and JSA claim continues
47. In this scenario Advisory Teams must consider if it is appropriate to make
a subsequent referral; any such referral must be treated as a further ‘initial’
referral.
48. To ensure the full circumstances of the case are taken into account, the
consideration process must not commence until the DMA outcome (i.e.
sanctioned or not) is known.
49. A claimant serving a sanction can be referred to MWA if the Advisory
Team feels it appropriate to do so. For those claimants serving a 26 week
MWA sanction, the Advisory Team must consider carefully the issues
attached to making a further referral and the timing of any such referral.
Re-referring a claimant serving a 26 week MWA sanction
50. A key factor in determining next steps is the claimant’s attitude / response
to the 26 week sanction.
51. If the indications are that the claimant will now engage with MWA then an
immediate further referral will, in all likelihood, be appropriate.
52. If, however, the indications are that the claimant would still not engage
effectively, Advisory Teams must take a wider range of factors into
consideration.
53. A claimant’s persistent 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 before a subsequent MWA referral is considered.
54. Advisory Teams should also be asking themselves if the claimant’s refusal
might indicate fraudulent activity; again, this should be explored and, where

appropriate, tested (eg via More Frequent Attendance) before a subsequent
MWA referral is considered.
55. Advisory Teams should also consider the impact a further referral, for a
claimant they believe will not attend and who is already serving a 26 week
MWA sanction, will have on the MWA provider and their ability to deliver the
programme.
56. For each referral made, the provider must invest resources in sourcing a
suitable placement and call upon the goodwill of a third party organization to
host that placement. This means that a claimant failing to start their placement
impacts on the resources available to the provider to invest in delivering the
programme in more general terms, as well as on the host organization’s
willingness to host further placements, which is vital to effective delivery of
MWA.
57. This guidance does not seek to prescribe when Advisory Teams should
stop making subsequent MWA referrals for a particular claimant. Rather, it
seeks to ensure that in cases where a claimant is already serving a 26 week
sanction as a result of failing to attend MWA, and still shows no willingness to
engage with the provision, Advisory Teams ensure that all other avenues
have been explored and that they balance the benefit of making a further
referral against the wider impact and costs (financial and reputational) of
doing so.
Claimant ceases to claim JSA after placement start date but didn’t
actually start MWA placement
58. In this scenario the provider should have instigated DMA action at 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 new claim is made within 12 months
of previous claim ending).
59. 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;
any such referral must be treated as a further ‘initial’ referral.
Claimant ceases to claim JSA after starting MWA placement
60. 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.
61. If the claimant returns to JSA the Advisory Team must consider if it is
appropriate to make a subsequent MWA referral. If it is, the way in which a
claimant is referred 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

62.  Advisory Teams must be mindful of any reserved DMA decision attached
to the claim and take appropriate action.
Balance of time
63. 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.
64. 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.
65. Balance of time referrals must be for full weeks; therefore, the minimum
period for balance of time will be one week.
66. 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.
67. 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
Record the referral on LMS via the ‘Mandatory Work Activity –
Re-Referral’ opportunity
NB Separate procedures apply to Special Customer Records
cases
4
Discard the LMS generated referral letter and, instead, issue the
claimant the clerical notification letter MWA 05 / MWA 05W and
explain its contents ensuring that the claimant fully understands
that:
  the provision is mandatory and the consequences of non-
attendance
  the MWA provider will contact them directly within 10 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

5
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).
6
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)

7
Make arrangements (e.g. LMS workflow) to follow-up the referral
including a 12 day check to ensure the provider has met their
contractual obligations.
Claimant leaves MWA provision early and JSA claim continues
68. In this scenario the Advisory Team must consider if it is appropriate to
make a subsequent referral. To ensure the full circumstances of the case are
taken into account, the consideration process must not commence until the
DMA outcome (i.e. sanctioned or not) is known.
69. A claimant serving a sanction can be referred to MWA if the Advisory
Team feels it appropriate to do so.
70. If the Advisory Team feels that the claimant remains a suitable candidate
for MWA, the way in which they are referred 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
Claimant transfers their JSA claim to another office
71. 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.
72. If the claimant has started their MWA placement the action to take will
depend on where they have moved to.
73. 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.
74. 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
75. If a claimant who is participating in MWA displays potentially violent
behaviour in their dealings with Jobcentre Plus, the MWA provider must be
notified.
76. 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.
77. 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
78. 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.
79. If that claimant then makes a new JSA claim within 12 months of the
previous claim end date, the case papers must be referred back to the DMA
Team.
80. Any thought of referring such claimants to MWA must wait until the DMA
outcome is known.
Claimants completing MWA
81. When a claimant completes their placement satisfactorily, in addition to
updating PRaP the provider will also give the Advisory Team feedback on the
claimant’s participation.
82. The feedback form should be received within 10 days of the completion
date and will document the claimant’s activities during their placement, verify
their attendance and note any skills developed.
83. It is recommended as good practice for Advisory Teams to share the
feedback with the claimant and discuss next steps.

Document Outline

Mandatory Work Activity