Flexible New Deal | New Deal Scandal: Leading Welfare Reform Concerns

(No Ratings Yet)

 Loading ...

This is a quick guide on the Department for Work and Pensions‘ Decision Makers Guide…

It isn’t inconclusive and doesn’t contain quotes but simple summarised notes on the sections contained within. I am not responsible for any mistranslation of the content for the Decision Maker Guide – also be aware that Decision Makers may not throughly follow the guide when making benefit sanction decisions. The Decision Makers Guide is a step by step simplification of various laws, regulations and case law which make up such legislation.

DMG 34004         Sanctions do not apply while receiving a training allowance (i.e. if you were doing balance of time)

DMG 34005         NDYP claimants doing VSO/FTET/ETF/Self-Employment are only subject to fixed sanctions (2,4,26)

DMG 34015         Fixed sanctions for losing, giving up or failing to attend a training programme or refusing to apply or neglecting an opportunity for a training programme (2,4 and 26 weeks)

DMG 34017         2 week fixed benefit sanction unless another offence committed in 12 months prior. If a previous sanction existed then it should be a 4 week benefit sanction.

DMG 34020         Sanctions relating to Gateway 2 Work is always for 2 weeks.

DMG 34022         A fixed benefit sanction will always be for 4 weeks if the claimant has been previously been sanctioned for Gateway 2 Work course,  the second offence isn’t related to a New Deal option and the sanction begins within the 12 month period from the previous offence.

DMG 34023         It is not possible to be sanctioned for 26 weeks without being sanctioned for 4 weeks within a 12 month period. You can’t have two 4 week sanctions in a 12 month period for New Deal offences.

DMG 34024         Failure to comply with a Jobseeker Direction is never a New Deal offence.

DMG 34025         A 26 week sanction is only applicable where a previous 4 week sanction or 26 week sanction was imposed within the last 12 months.

DMG 34028         The first ever offence relating to the IAP is a 2 week sanction regardless of any previous sanction such as refusing to comply with a Jobseeker Direction or New Deal offences.

DMG 34029         If a second IAP offence occurs within 12 months than a 4 week benefit sanction is imposed.

DMG 34030         If a third (or forth) IAP offence occurs within 12 months than a 26 week sanction is imposed.

DMG 34032         The sanction begins the first benefit week following when the Decision Maker made their decision. Fixed period sanctions have no expiry: if you were signed off for an offence, found a job so didn’t sign back on and you signed back on in two years time (if the law has remained the same) you may still receive that benefit sanction.

DMG 34033         Jobseekers Allowance is still payable during a 26 week sanction if you are sent notice of not having to participate in VSO, ETF, FTET, EO or IAP.

DMG 34036         Decision Maker cannot impose discretionary sanctions for less than a week or more than 26 weeks. If a sanction is calculated to be less than a week, a full week sanction will be imposed.

DMG 34085         Sanctions are imposed for misconduct that the claimant is prosecuted for allegedly committing even if they are not found guilty by the court and even before the court case begins.

DMG 34091         Hearsay “evidence” is acceptable.

DMG 34437         You can refuse a job or leave a job without benefit sanctions if it is lower than the National Minimum Wage. If however, in addition to the employer not meeting that legal requirement, you decide to give reasons of a different nature such as being too far away, you do not have good cause and sanctions will be imposed even though you mentioned it being paid less than NMW.

DMG 34607         An opportunity of employment must be reasonable. “Unreasonable” can include over 100 applications for the vacancy or if the job is paid below the National Minimum Wage.

DMG 34628         Sanctions can’t be imposed for failing to comply with a Jobseeker Direction if the claimant has good cause and if the Direction was unreasonable by not taking circumstance into account.

DMG 34633         A Jobseeker Direction is not a specific headed document given to you to comply after previously refusing to do something. A Jobseeker Direction is any written request to undertake an action.

DMG 34640         Those who refuse a Jobseekers Direction but later change their mind, notify an Jobcentre Plus adviser and still manage to achieve something from the direction have not refused to carry it out.

DMG 34641         Those who fail to carry out a Jobseekers Direction but later change their mind, carry out the Direction and achieve something from it have not failed to carry it out.

DMG 34642         Those who have had sanctions imposed for failing or refusing to carry out a Jobseeker Direction but like stated in DMG 34640 – 34641 carried out the Direction and achieved it can have the decision for sanctions changed in their favour. This can mean lifting the sanction (superseding/revising) although benefits lost previously due to sanction may not be backdated.

DMG 34732         If a claimant notifies the Jobcentre of a change of address that results in them no longer living in an Employment Zone then they can’t be sanctioned and any sanction imposed ends.

DMG 34734         Acknowledgement that claimants can’t complain to an Employment Tribunal unlike if it was a job.

DMG 34737         Evidence consists of Statements by Training Provider, statements by claimant replying to Training Provider’s statements.  Sometimes evidence from third parties.

DMG 34738         Before imposing a sanction the Decision Maker should be satisfied that the claimant has had a chance to comment.

DMG 34742         Those dismissed from a course have not given it up.

DMG 34743         Claimants have failed to attend a scheme even if they intend to go back to it – one days unauthorised absence is enough to have failed to attend.

DMG 34746         You can’t fail to attend a scheme when you don’t have one. If your scheme closed down you have not failed to attend.

DMG 34747         The Decision Maker can’t impose a sanction on a claimant for failing to attend or give up a course with “good cause”. (DMG 34748 – 34750 are not shown or removed)

DMG  34752        The Decision Maker can’t impose a sanction on a claimant for refusing or failing to apply for a course with “good cause”. (DMG 34753 – 34756 are not shown or removed)

DMG 34769         Conscientious Objection or religious views are “good cause” if the claimant sincerely holds it and can provide evidence of such.

DMG 34779         If the claimant would have or would have likely to have put their Health & Safety at risk if they continued to participate is a “Good cause”.

DMG 34794         If the training or instruction on the course was “sub standard” this may be a “good cause”.

DMG 34795         Claimant should complaint to the Careers Service against the training provider.

DMG 34796         Claimant must have complained to training provider. Claimant should also complain to Chamber of Commerce Training & Enterprise (or equivalent in Wales and Scotland) and Jobcentre Plus District Manager (not New Deal Personal Adviser or New Deal Manager).

DMG 34798         If the claimant didn’t use the training provider’s grievance procedure then they would normally not be able to demonstrate good cause.

DMG 34800         “Good cause” should be accepted if the programme agreed it was not being followed and the claimant tried to resolve the problem by reasonable approach to the organisation.