­
Welcome, Guest
Username: Password: Remember me

TOPIC: First interview Wednesday

First interview Wednesday 05 Jan 2019 09:51 #12577

  • chester
  • chester's Avatar
  • OFFLINE
  • New Member
  • Posts: 7
  • Thank you received: 19
Hello all,
I've skimmed through the many posts and from what i understand i DO NOT have to agree to use the online journal?

Anything that i dont like the sound of i will ask to see written proof that it is legislation and not just the job coaches preference ;)

Also wanted to know can i tell job coach that i want to go away and have CAB read through and advise me re any terms and conditions that the job coach wants me to agree too?
I can imagine they want you to sign youre life away then and there..something i will try to resist.

Finally,can i just walk away from UC?Like in the past you could just end your claim?It already feels like i'm married to the mob!
I'm not far off broke but i'm single,no kids so i can afford to be a pain in their arse and i'll suck up the consequences.
Cheers
The administrator has disabled public write access.
The following user(s) said Thank You: Paul-UB40, comply or die, jobber, TheFinnster, Verc, Searcher

First interview Wednesday 05 Jan 2019 11:00 #12578

  • TheFinnster
  • TheFinnster's Avatar
  • NOW ONLINE
  • Platinum Member
  • Posts: 852
  • Thank you received: 1518
Also wanted to know can i tell job coach that i want to go away and have CAB read through and advise me re any terms and conditions that the job coach wants me to agree too?

Pretty sure I have read something about a seven day cooling off period you can take advantage of if you need to speak to CAB about your CC though im only vaguely aware of it so id look for more info on it before putting it to the test.
#KeKLivesMatter
The administrator has disabled public write access.
The following user(s) said Thank You: jobber, chester

First interview Wednesday 05 Jan 2019 11:46 #12586

  • TheFinnster
  • TheFinnster's Avatar
  • NOW ONLINE
  • Platinum Member
  • Posts: 852
  • Thank you received: 1518
found this it might be helpfull to you

www.whatdotheyknow.com/request/233156/response/578010/attach/20/IKB%20content%202%202.pdf

Claimant does not accept the Claimant Commitment

If the claimant does not accept the Claimant Commitment, the adviser tells the claimant that they will not be entitled to Universal Credit (UC) or JSA Contribution New Style (JSA (CNS)), if they do not accept a Claimant Commitment (CC) The adviser tells claimant that there is a 7 calendar day cooling off period and that if the claimant commitment is not accepted within the 7 days the claim will be closed.
The 7 day claimant commitment cooling off period starts from the day the claimant refuses to accept their Claimant Commitment and includes weekends but not bank holidays. The length of the cooling off period will be extended to reflect any bank holidays occurring in the 7 days following the creation of the claimant commitment.
It is the claimant's responsibility to make contact with DWP Adviser during this period if they want to accept or discuss their claimant commitment. If the claimant contacts DWP after the expiry of this period they will be advised that their claim is defective (claim not entitled/closed) and to make a new claim.
The Adviser creates a WSP Task to check the CC acceptance status on the 8th day.
#KeKLivesMatter
The administrator has disabled public write access.
The following user(s) said Thank You: Paul-UB40, comply or die, jobber, Verc, Searcher, chester

First interview Wednesday 05 Jan 2019 12:42 #12590

I'm attending my CC interview for UC this coming Tuesday. I will tell them that 7 hours a day job search is not possible, being homeless, and that I will use the journal to contact them and no more. I'll provide my jobsearch evidence like before, with proof of jobs applied in emails. I'll let you know how this one turns out! :blink:
Flotsam: People who are considered to be worthless or to have been rejected by society.
The administrator has disabled public write access.
The following user(s) said Thank You: comply or die, jobber, TheFinnster, Verc, chester

First interview Wednesday 05 Jan 2019 12:47 #12591

  • TheFinnster
  • TheFinnster's Avatar
  • NOW ONLINE
  • Platinum Member
  • Posts: 852
  • Thank you received: 1518
restrict your available hours down to 20 hours tarquin you cant be expected to look for work for more hours than you are available on you CC

coulda swore homeless people where exempt from job search requirements but I suppose that just one of the many changes on the DWP's favour on UC
#KeKLivesMatter
The administrator has disabled public write access.
The following user(s) said Thank You: jobber, Verc, Searcher, chester

First interview Wednesday 05 Jan 2019 12:52 #12592

  • comply or die
  • comply or die's Avatar
  • OFFLINE
  • Platinum Member
  • Posts: 2724
  • Thank you received: 3286
The Claimant Commitment is what your UC payment depends upon and MUST reflect what you CAN actually, physically and mentally achieve, or there could be things recorded within it that you will find difficult to do and worry over. So make a bullet list of what you CAN do easily to begin with and only expand on those if you can honestly do them. Be absolutely honest here because remember, it`s YOUR CC and what you agree to do will be expected.

In Tarquin`s case, his position right now should be tailored to meet that or even switched off temporarily until his circumstances change. A CC has to provide flexibility too depending on a persons circumstances. Remember too that earning the AET or over it means no more jobsearch! See snip from a welfare website. What this means is, if your AET is £338 a month and you find a job earning this amount or over it, you are NOT expected to be looking for more work, but the in-work conditionality rule can and might apply in some cases, but earning this amount every month removes some of the conditionality.

Also under Reg 99(6) UC 2013 a work search requirement cannot be imposed on a single claimant earning more than £338 per month or joint claimants earning more than £541 per month (However, they may have to meet other work related requirements).So a claimant or claimants who may not earn enough under Reg 90 to escape all work related requirements may still be able to avoid being subject to a work search requirement.This does not apply to those selected to take part in the Department For Work and Pensions’(DWP) In Work Pilot Scheme, which has been extended for another year from 19th February 2018.
The DWP calls the earnings limit in Reg 99(6) the Administrative Earnings Threshold (AET) and the earnings threshold in Reg 90 the Conditionality Earnings Threshold (CET).Claimants earning more than the AET but less than the CET will be put into the ‘Light Touch Regime’.²⁰ Single or joint claimants earning below the AET will be placed in the ‘Intensive Work Search Regime’.²¹

So keep a note of this in case you find a part time job that takes your earnings to £338 or above a month.
The administrator has disabled public write access.
The following user(s) said Thank You: Paul-UB40, jobber, TheFinnster, Verc, Searcher, chester

First interview Wednesday 05 Jan 2019 13:37 #12593

  • chester
  • chester's Avatar
  • OFFLINE
  • New Member
  • Posts: 7
  • Thank you received: 19
Thanks all.;ot of great info.Much appreciated.
The administrator has disabled public write access.
The following user(s) said Thank You: TheFinnster

First interview Wednesday 05 Jan 2019 13:41 #12594

  • chester
  • chester's Avatar
  • OFFLINE
  • New Member
  • Posts: 7
  • Thank you received: 19
TheFinnster wrote:
found this it might be helpfull to you

www.whatdotheyknow.com/request/233156/response/578010/attach/20/IKB%20content%202%202.pdf

Claimant does not accept the Claimant Commitment

If the claimant does not accept the Claimant Commitment, the adviser tells the claimant that they will not be entitled to Universal Credit (UC) or JSA Contribution New Style (JSA (CNS)), if they do not accept a Claimant Commitment (CC) The adviser tells claimant that there is a 7 calendar day cooling off period and that if the claimant commitment is not accepted within the 7 days the claim will be closed.
The 7 day claimant commitment cooling off period starts from the day the claimant refuses to accept their Claimant Commitment and includes weekends but not bank holidays. The length of the cooling off period will be extended to reflect any bank holidays occurring in the 7 days following the creation of the claimant commitment.
It is the claimant's responsibility to make contact with DWP Adviser during this period if they want to accept or discuss their claimant commitment. If the claimant contacts DWP after the expiry of this period they will be advised that their claim is defective (claim not entitled/closed) and to make a new claim.
The Adviser creates a WSP Task to check the CC acceptance status on the 8th day.

BRILLIANT!Thanks for the link.
The administrator has disabled public write access.
The following user(s) said Thank You: Paul-UB40, TheFinnster

First interview Wednesday 05 Jan 2019 18:51 #12600

  • Searcher
  • Searcher's Avatar
  • OFFLINE
  • Senior Member
  • Posts: 74
  • Thank you received: 193
'26. The “expected number of hours per week” is normally 35 (unless some lesser number of hours applies under regulation 88(2)':

www.bailii.org/uk/cases/UKUT/AAC/2017/477.pdf

A lesser number of hours can apply in circumstances where a claimant has caring responsibilities, or a physical or mental impairment. Regulation 88(2)(c) states:

'where the claimant has a physical or mental impairment, the number of hours that the Secretary of State considers is reasonable in light of the impairment.'

www.legislation.gov.uk/uksi/2013/376/regulation/88/made

(How the SoS determines what is reasonable in light of the impairment I do not know. Has anyone any information on what The SoS is demanding!)

Regulation 95 refers to 'relevant deductions' eg domestic emergencies and temporary circumstances:

www.legislation.gov.uk/uksi/2013/376/regulation/95/made

Judge Wilkeley considered Regulation 95 in this decision. Anyone sanctioned may find it useful:

www.bailii.org/uk/cases/UKUT/AAC/2017/459.html

'I agree with Ms Thackray that the work coach focussed on what the Appellant had not done, rather than given any consideration to the reasons why she had not maintained her usual level of work search activity. Had the decision-maker or First-tier Tribunal then explored the matter further, they would have established that the family proceedings were impacting on the steps the Appellant could reasonably take in July as well as in November 2016.'

If a person does not have a computer at home, it may take him some time to walk to and from his local library or friend's house each day to check for jobs. He may in fact check for jobs twice a day, before and after lunch. It seems reasonable to me that the time spent walking (and waiting, if someone else is using the computer) should be taken into account by the Work Coach.

Best of luck, Chester.
The administrator has disabled public write access.
The following user(s) said Thank You: comply or die, jobber, TheFinnster, Verc, chester

First interview Wednesday 06 Jan 2019 06:47 #12616

  • jobber
  • jobber's Avatar
  • OFFLINE
  • Platinum Member
  • Posts: 1013
  • Thank you received: 1885
Classic case here Searcher: www.bailii.org/uk/cases/UKUT/AAC/2017/477.pdf

Many thanks for this.I see info mentioned by a judge that can be used against joke club particularly applicable to my situation and no doubt for others too. :) ;)

I am wondering if Reg 96 www.legislation.gov.uk/uksi/2013/376/regulation/96/made is only applicable to carers responsibilities.What about jok shops illogical assumptions that ANYONE should be IMMEDIATELY available to get to an 'interview' when it's clearly not possible in many cases.Lack of time to prepare for any interview, arrange transport etc especially for those using public transport ? :whistle: :evil:



The administrator has disabled public write access.
The following user(s) said Thank You: Paul-UB40, comply or die, TheFinnster, Verc

First interview Wednesday 06 Jan 2019 07:57 #12617

  • jobber
  • jobber's Avatar
  • OFFLINE
  • Platinum Member
  • Posts: 1013
  • Thank you received: 1885
Tarquin_Flotsam wrote:
I'm attending my CC interview for UC this coming Tuesday. I will tell them that 7 hours a day job search is not possible, being homeless, and that I will use the journal to contact them and no more. I'll provide my jobsearch evidence like before, with proof of jobs applied in emails. I'll let you know how this one turns out! :blink:

J3095 If claimants have nowhere to live
1. it may be difficult for them to be contacted by
1.1 employers or
1.2 employment agencies or
1.3 those who may be able to help them find employment
2. they may have to spend much of their time in the week in question looking for
somewhere to live
3. they may not have access to a reliable means of communication (for
example, a telephone or internet access)
4. a lack of washing or laundry facilities may affect personal presentation.
These factors should be taken into account in deciding what it was reasonable to
expect them to do in any week.
J3096 Some homeless claimants may be able to arrange for friends or relatives to receive
their mail. But all the facts must be taken into account when deciding whether this is
reasonable in the claimant’s case.
J3097 Being homeless may limit the action claimants can take. However homeless
claimants may still be able to search for work by
1. reading advertisements and
2. making personal calls on
2.1 employers and
2.2 employment agencies and
3. making use of services in
3.1 the Jobcentre or
3.2 their local library
to apply for jobs and create CVs.
The above is not exhaustive.

Jobber.
The administrator has disabled public write access.
The following user(s) said Thank You: Paul-UB40, comply or die, TheFinnster, Verc

First interview Wednesday 06 Jan 2019 10:19 #12626

  • comply or die
  • comply or die's Avatar
  • OFFLINE
  • Platinum Member
  • Posts: 2724
  • Thank you received: 3286
UC Regulation 88 (2) (c) - physical OR mental impairment is what many of us would argue with to reduce the conditionality of our Claimant Commitment. Especially if you are NOT on ESA (legacy) or the new UC LCW (Limited Capability for Work) but can present medical evidence from your GP, consultant, medical practitioner, mental health team etc....

But also consider how your health problems relate to what you are being asked to do in terms of jobs or work related activity and reference these with your health problems directly where possible.
The administrator has disabled public write access.
The following user(s) said Thank You: TheFinnster, TW35, Verc, chester
­