Procedure for notifying the Jobcentre of disability with regard to being exempted from the Health and Work Programme.

The request was successful.

Dear Department for Work and Pensions,

I understand that a Jobcentre Plus claimant who has a disability as defined in the Equality Act 2010 can not be mandated to attend the Health and Work Programme.

Please provide the information you hold:

1. That explains the procedure required for a claimant to notify the Jobcentre of a disability that would exempt them from the Health and Work Programme.

2. That explains what level of proof is required if the disability is not self evident?

3. That explains the procedure to be followed to ascertain whether a claimant has a justifiable disability exempting them from the Health and Work Programme if the disability is disputed by Jobcentre Plus.

4. That clarifies/exemplifies the type of disabilities that would exempt a claimant from the Health and Work Programme.

Yours faithfully,

Ron Hub

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Heather Sturgess left an annotation ()

It is is my understanding (based on a previous FOI request I submitted to DWP) that there is something of a loophole in terms of participation in the Work & Health Programme (WHP) for disabled people who are on JSA (Jobseeker's Allowance)

If a JSA claimant has a disability as defined in the Equality Act 2010, participation in the WHP is voluntary. For those long term unemployed claimants on JSA who are not disabled as per the definition in the 2010 Act, then participation is mandatory. However, if a disabled JSA claimant also fits into the long term unemployed category (24 months +) then DWP can refer them onto HWP on a mandatory basis under the long-term unemployed category of entry. Therefore they will have no choice in the matter and will be treated by the provider in the standard way.

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

FoI Reference: 3952

You can expect a reply by 20th October 2017 unless we need to come back to you to clarify your request or the balance of the public interest test needs to be considered.

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DWP Strategy FoI Team
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Ron Hub left an annotation ()

@Heather Sturgess
Thanks for that info Heather. if that's so then I suppose the question that needs asking is why a disabled JSA claimant who has been a claimant for less than 24 months is being treated differently to a JSA claimant who has been a claimant for more than 24 months?

And for a claimant who straddles this arbitrary 24 month figure, what is so magical about being a claimant for just over 24 months that removes the waiver for allocation to the WHP when the claimant's disability is unchanged?

Ironically, wouldn't that be discrimination under the equality Act 2010?

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Freedom of Information request
 
Yours sincerely
 
DWP Strategy Freedom of Information Team

Dear DWP Strategy Freedom of Information,

In your response you state:

" I can also confirm that a claimant who has a disability as
defined in the Equality Act 2010 and who is also long-term unemployed (LTU) (24
months claiming Jobseeker’s Allowance (JSA) or a Universal Credit (UC) claimant in
the Intensive Work Search Regime (IWSR)) is not exempt from mandatory referral to
and participation in the Work and Health Programme. "

This does not appear to agree with THE JOBSEEKER’S ALLOWANCE (SCHEMES FOR ASSISTING PERSONS TO
OBTAIN EMPLOYMENT) (AMENDMENT) REGULATIONS 2017 http://www.legislation.gov.uk/uksi/2017/...

in which it states:

"7.3 ... Participation on the programme will be voluntary for both disabled people and
EADGs. Participation will be mandatory for the LTU."

There is a clear distinction being made between LTU claimants and disabled claimants (who may also be LTU). As stated disabled claimants should only be referred on a voluntary basis. It does not state that disabled LTU claimants may be mandatorily referred to the programme. I'd be grateful if you could clarify this.

You also state:

"Guidance will be provided to Work Coaches to support them in applying the
Exemption and Deferral Criteria. "

Please provide this guidance.

Yours sincerely,

Ron Hub

Dear DWP Strategy Freedom of Information,

There doesn't appear to have been the usual automated response to my 21 December message so I'm not sure if it has been received. Please confirm its receipt.

Yours sincerely,

Ron Hub

DWP Strategy Freedom of Information, Department for Work and Pensions

Dear Mr Hub,

Thank you for your Freedom of Information review request - IR 666.

Please accept our apologies for the delay in acknowledging your request.

It is our internal target to answer reviews within 20 working days of receiving the review request, unless we need to come back to you to clarify your request, or the balance of the public interest test needs to be considered which we will keep you informed about.

If you have any queries about this letter please contact us quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

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Dear DWP Strategy Freedom of Information,

Given that my message was posted on 21st December 2017 when can I expect a response?

Yours sincerely,

Ron Hub

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

IR 666

Please see the attached reply to your Freedom of Information request.
 

Yours sincerely
 
DWP Strategy FoI Team

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