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UC "Restart scheme" during appeal?
- NY
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5 days 7 hours ago #309092 by NY
UC "Restart scheme" during appeal? was created by NY
My partner, who has ME/CFS, has been found "fit for work" in a UC WCA. He has requested a Mandatory Reconsideration and supplied new supporting evidence from his GP, which talks specifically about the risk to his health from having to exceed his safe level of exertion. No decision has been made yet on the MR. But he has already been enrolled in the "Restart scheme" and is expected to start attending twice-weekly sessions from next week. Is this legal? Can he be required to do this while awaiting a MR decision? What about after lodging an appeal (which he will do if the MR goes against him)? He won't be able to comply with the scheme without making his health significantly worse.
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- David
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3 days 9 hours ago #309167 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC "Restart scheme" during appeal?
Hi NY
Unfortunately Work Coaches have a lot of power when it comes to Sanctions and UC conditionality. You really need to be aware of your rights and how to limit their scope for malpractice. Claimants with health conditions should have their participation in any scheme tailored around their disability.
As far as Restart is concerned even those with UC LCW ( or ESA WRAG ) can be mandated to attend a Restart course. I have provided the Restart guidance below. All you can do is show the Work Coach a Fit Note describing what the claimant should avoid because of illness.
www.gov.uk/government/publications/resta...me-provider-guidance
Restart Scheme provider guidance - GOV.UK
Please note: The Generic Provider Guidance on gov. UK is not linked and should not be referenced in relation to the Restart Scheme.
www.gov.uk
Work Preparation Activities
4.06. Work preparation is an essential activity that prepares the claimant for work and makes it more likely that they will obtain paid work, more paid work or better-paid work. Work preparation activities include:
creating of updating their own Curriculum Vitae (CV)
attending skills assessments
participating in training or an employment activity
undertaking work experience This list is not exhaustive
Chapter 4c: Mandating a Participant to Attend a Meeting or Participate in an Activity
4.20. You should be aware that if you are unable to facilitate the Initial Face-to-Face Meeting (in person or by other means, if restrictions apply) within 30 working days, then this will impact your ability to meet Customer Service Standard 1.
4.21. If mandation is for the Initial meeting, as there is no Action Plan at this point you must record the activity on your internal systems, so the record of the activity is accessible as required.
Summary of considerations prior to issuing a mandatory activity
4.22. Below is a summary of the considerations and steps that must be taken or confirmed before a mandatory activity is issued to the Participant.
4.23. It is important to note that, should a subsequent compliance doubt need to be raised with DWP, the DWP Decision Maker will consider all of the areas below when deciding the outcome of the doubt you have raised.
Consideration 1
Confirm the Labour Market Regime the participant is in:
Intensive Work Search Regime (IWSR) and Work Preperation Regime (WPR) can be mandated
Light Touch Regime (LTR), Working Enough Regime (WER), No Work Related Requirements (NWRR) or no longer receiving Universal Credit are voluntary participants and cannot be mandated
Consideration 2
Confirm the activity will help them prepare for or move into work and you have encouraged the Participant to complete these on a voluntary basis.
Note: You cannot mandate a participant to complete work experience, apply for work, attend a job interview or take up work. These can only be voluntary activities.
Consideration 3
Confirm the activity is reasonable and achievable in the Participant’s circumstances.
Confirm any tailored Work-Related Requirements. e.g. those with health conditions.
Consideration 4
Confirm there are no complex needs and/or challenges.
Consideration 5
Confirm there are no Easements set by the Work Coach where the Participant’s Work-related Requirements are temporarily switched off.
Consideration 6
Confirm the Participant has not been asked to undertake this activity before and you are not awaiting the outcome of a compliance doubt, nor is a sanction already in place for this specific activity. If a sanction has been imposed, you may mandate the Participant to a different type of
Unfortunately Work Coaches have a lot of power when it comes to Sanctions and UC conditionality. You really need to be aware of your rights and how to limit their scope for malpractice. Claimants with health conditions should have their participation in any scheme tailored around their disability.
As far as Restart is concerned even those with UC LCW ( or ESA WRAG ) can be mandated to attend a Restart course. I have provided the Restart guidance below. All you can do is show the Work Coach a Fit Note describing what the claimant should avoid because of illness.
www.gov.uk/government/publications/resta...me-provider-guidance
Restart Scheme provider guidance - GOV.UK
Please note: The Generic Provider Guidance on gov. UK is not linked and should not be referenced in relation to the Restart Scheme.
www.gov.uk
Work Preparation Activities
4.06. Work preparation is an essential activity that prepares the claimant for work and makes it more likely that they will obtain paid work, more paid work or better-paid work. Work preparation activities include:
creating of updating their own Curriculum Vitae (CV)
attending skills assessments
participating in training or an employment activity
undertaking work experience This list is not exhaustive
Chapter 4c: Mandating a Participant to Attend a Meeting or Participate in an Activity
4.20. You should be aware that if you are unable to facilitate the Initial Face-to-Face Meeting (in person or by other means, if restrictions apply) within 30 working days, then this will impact your ability to meet Customer Service Standard 1.
4.21. If mandation is for the Initial meeting, as there is no Action Plan at this point you must record the activity on your internal systems, so the record of the activity is accessible as required.
Summary of considerations prior to issuing a mandatory activity
4.22. Below is a summary of the considerations and steps that must be taken or confirmed before a mandatory activity is issued to the Participant.
4.23. It is important to note that, should a subsequent compliance doubt need to be raised with DWP, the DWP Decision Maker will consider all of the areas below when deciding the outcome of the doubt you have raised.
Consideration 1
Confirm the Labour Market Regime the participant is in:
Intensive Work Search Regime (IWSR) and Work Preperation Regime (WPR) can be mandated
Light Touch Regime (LTR), Working Enough Regime (WER), No Work Related Requirements (NWRR) or no longer receiving Universal Credit are voluntary participants and cannot be mandated
Consideration 2
Confirm the activity will help them prepare for or move into work and you have encouraged the Participant to complete these on a voluntary basis.
Note: You cannot mandate a participant to complete work experience, apply for work, attend a job interview or take up work. These can only be voluntary activities.
Consideration 3
Confirm the activity is reasonable and achievable in the Participant’s circumstances.
Confirm any tailored Work-Related Requirements. e.g. those with health conditions.
Consideration 4
Confirm there are no complex needs and/or challenges.
Consideration 5
Confirm there are no Easements set by the Work Coach where the Participant’s Work-related Requirements are temporarily switched off.
Consideration 6
Confirm the Participant has not been asked to undertake this activity before and you are not awaiting the outcome of a compliance doubt, nor is a sanction already in place for this specific activity. If a sanction has been imposed, you may mandate the Participant to a different type of
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- NY
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2 days 9 hours ago #309185 by NY
Replied by NY on topic UC "Restart scheme" during appeal?
Thanks for your reply. I can't find anything in that guidance, or anywhere online, about whether they should wait for the outcome of a Mandatory Reconsideration/ appeal tribunal before treating someone as "fit for work". If the claimant is in the process of challenging that decision, is there any guidance that they should delay the start of the programme until a final decision has been made?
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- David
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2 days 8 hours ago #309186 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC "Restart scheme" during appeal?
Hi NY
Unless you find any Restart provider guidance to the contrary which I very much doubt, a Mandatory Reconsideration or a pending Appeal will have no bearing at all on the Restart referral.
David
Unless you find any Restart provider guidance to the contrary which I very much doubt, a Mandatory Reconsideration or a pending Appeal will have no bearing at all on the Restart referral.
David
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