Ipswich Unemployed Action.

Campaigning for Unemployed Rights.

Posts Tagged ‘freedom of information request

Mandatory Work Activity, Workfare and Sanctions.

Boycott Workfare states,

As things currently stand following the ruling by three judges in the Court of Appeal on 12th February, our understanding is that:

1) If people are currently under sanctions from the unlawful schemes, these sanctions should be lifted immediately and they should be put back to first tier sanctions. If you are currently under sanction from one of the unlawful schemes but it has not been lifted, please get in touch.

2) Unless people have been sent updated notices under reg 5 of the new regulations then there cannot be a requirement for them to attend any of the schemes they have been sent on (except Mandatory Work Activity). As Public Interest Lawyers put it:

“The DWP made it clear in submissions to the court that the immediate effect of the judgment was that they would be unable to require people to attend affected schemes and that must be the case. Until lawful Regulations are passed and new notifications are sent out I struggle to see how attendance can be required on the affected schemes.”

3) Unless the government wins the right to appeal to the Supreme Court and wins that appeal, then people who were sanctioned on any of the unlawful schemes should be paid the benefits that were withheld. However the government has indicated it will not consider paying this until the appeal decision has been made. We will make sure people know how to get their money back as soon as we find out.

So, for anyone say on a 6 month sanction that sanction should be immediately lifted, their benefits reinstated and they should then go back to the first tier of sanctions (they cannot impose the longer sanctions until there has been the repeated failure to participate).

Ipswich Unemployed Action adds,

Some people have tried to find ways out of Manadatory Work Activity (MWA)

This appears to be the position regarding MWA,

Freedom of Information request for MWA guidance dated 13 January 2013:
 http://www.whatdotheyknow.com/request/mwa_guidance

“Claimant ceases to claim JSA between point of referral and start date of MWA placement
52. 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. Read the rest of this entry »