Old-Style Legacy Jobseeker's. FORCED UNDER SANCTIONS TO claimant commitment

Currently waiting for a response from Department for Work and Pensions, they should respond promptly and normally no later than (details).

Dear Department for Work and Pensions,

As I know the law has not changed on Old-Style Legacy Jobseeker's. (Welfare Reform Act 2012)

1.) IF YOU ARE ON OLD JSA Old-Style Legacy Jobseeker, DO YOU HAVE TO NOW CHANGE TO claimant commitment.?

YES OR A NO WILL DO?

The JSA Claimant Commitment does not require anything of the claimant over and above that
of the existing Jobseeker’s Allowance regulations.

Yours faithfully,

DAVID JAMES

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J Roberts left an annotation ()

You may be interested in this:

'11. More detail is set out in regulation 18 of the Regulations. Regulation 18(1) provides:

"… a person shall be expected to have to take more than two steps in any week

unless taking one or two steps is all that is reasonable for that person to do in that week."

This is the benchmark for judging the reasonableness of the claimant's actions.

Regulation 18(2) illustrates (but does not define) this by listing steps that are reasonable for a person to be expected to take.

12. That this is the benchmark is confirmed by the standard wording on the Agreement given to C. He was to record "three weekly jobsearch activities" each week on the back of the form. That is an indication on the form itself that the law does not require him to do everything on his Agreement where, as here, that requires him to undertake significantly more than three activities a week.

13. Further, there is nothing in the Act or the Regulations requiring that a claimant must comply with everything in the Agreement. The reverse is the case. The agreement must comply with the law. To be valid, a jobseeker's agreement must comply "with the prescribed regulations in force": section 9(1) of the Act. The pattern of the legislation is that a jobseeker's agreement must comply with the test of actively seeking work in sections 1(2)(c) and 7 of the Act and regulation 18 of the Regulations and not the other way round.'

https://www.bailii.org/uk/cases/UKSSCSC/...

CJSA 1814 2007

Dear Department for Work and Pensions,

hi J Roberts .

so is that still relevant today 2021. the law has not changed. so i guess so, how ever i see local Job centre Plus up and down the country taking advantage of jobseekers and covid-19, stating when they return to sign on every two weeks they now have to change the old legacy agreement to the new cc agreement but i can not see where the law is on that.

Thank you for your Freedom of Information (FoI) request received on 23 September 2020.
I am of a senior grade to the person who dealt with your request previously, and can confirm that I have carried out an internal review. I am now in a position to respond to you.

You asked: I have looked through the legislation you provided links to - including amendments - and cannot find anything that mandates a JSA claimant who has a Jobseeker's Agreement (JSAg) in force to mandatorily accept a JSA CC as a condition of continuing to receive an award of JSA.

The amendment to the Jobseeker's Act 1995 that you quote in your reply is made by the Welfare Reform Act 2012 [Para. 44(2)] which as I understand it applies only to new-style contribution-based jobseeker’s allowance claimants under Universal Credit (UC) and is therefore not relevant in answer to my question which relates to non-UC areas (the vast majority) where people are still on JSAg awards.

I would be grateful if you could clarify your response by stating specifically the sections of the legislation which mandate a new claimant, or a JSA claimant who has a JSAg in force, and who are not in a UC area and have no contribution-based allowance in their JSA entitlement to accept a JSA CC as a condition of receiving or continuing to receive a JSA award.

I am content that your original request was dealt with in accordance with DWP guidelines for FoI requests and the legislation provided was the correct legislation.

As mentioned in the previous response, for the purposes of the law (Section (2)b) of the Jobseekers Act) the JSA Claimant Commitment is a Jobseeker’s Agreement and is therefore delivered through the current JSA legislative framework. However, to help ensure claimants have a clearer understanding of what the JSA legislation requires of them, a decision was taken to develop a new Jobseeker’s Agreement in the form of a JSA Claimant Commitment.

The JSA Claimant Commitment does not require anything of the claimant over and above that of the existing Jobseeker’s Allowance regulations and in particular, fully conforms with the legal content of a Jobseeker’s Agreement outlined in Regulation 31 of the JSA Regulations.
I hope this helps to clarify your understanding of why claimants are being asked to agree to a JSA Claimant Commitment rather than the old style Jobseeker’s Agreement form.

Yours faithfully,

DAVID JAMES

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

This is an automated confirmation that your request for information has
been accepted by the DWP FOI mailbox.
 
If your email is a Freedom of Information request you can normally expect
a response within 20 working days.
 
However please be advised that due to the current situation with COVID-19
we cannot guarantee a response within this timescale.
 
Every effort is being made to respond to FOIs as we would usually but the
current situation means that available Departmental resources will be
needed on other high priority areas.
 
We kindly ask for your understanding during this unprecedented situation
and we will aim to deal with your FOI request as soon as is practically
possible.
 
Email FOI responses will be issued from [1][email address]
We recommend that you add this address to your email contacts otherwise
the response may be treated as Spam or Junk mail.  
 
Should you have any further queries in connection with this request do
please contact us.
 
[2]http://www.gov.uk/dwp
 
 

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J Roberts left an annotation ()

You may also be interested in this:

RL v SSWP[2018] UKUT 177 (AAC)

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

'4. Where a dispute over the terms of a JSAg arises, the Secretary of State has a duty to answer certain statutory questions regarding that dispute and to decide the appropriate terms for a varied JSAg: section 10, Jobseeker's Act 1995. If a claimant does not enter the agreement as varied by the Secretary of State, the JSAg may be brought to an end under section 10(6)(c)] of the Jobseeker's Act 1995.

29. This harks back to section 10. The reference to the Secretary of State under section 10(5) requires the Secretary of State to answer the questions (i) whether the claimant would satisfy the conditions for actively seeking employment and availability if he complied with the agreement as varied; and (ii) whether it is reasonable to expect him to have to comply with the agreement as proposed to be varied.'