Skills conditionality - alternative English classes?

Hi

I’m assisting a partner agency (BME women’s centre) with the following JSA enquiry:

“We have a client who has been told by DWP that she has to attend a English for Work (Taking part in Skills Conditionality Scheme) programme, its from Mon to Fri 9.30am till 4.30pm for 3 months. Our client is 62 years of age and is being made to do this otherwise they will stop her benefit. She feels 3 months is too much….plus she attends English classes at our centre alongside other programmes we do.  Does she have to attend this course with the DWP?”

I can find very little if any guidance on this so wondering if there is any, and/or if anyone has experience of dealing with a similar situation? My main question is whether or not JC+ is only able to accept English classes provided by one of the Work Prog partners, or can a DM include attendance at community-based classes as meeting the skills conditionality scheme rules?

Thanks

No one have any idea at all? I obviously need to sex up my posts!

Skills Conditionality was introduced byway of SI 2013 No.276 which was rushed in following the decision in Reilly about the legality of workfare schemes, see reg.3(7).

There’s an overview of Skills Conditionality requirements in this Back to Work Schemes leaflet from DWP, pages 4-6.

This article from the Welfare Rights Bulletin from December 2013 Sanction busting: part 3 sets out the legal requirements in terms of what information DWP and/or Work Programme providers must supply to someone who is required to take part in such schemes.

Essentially, if they have fulfilled the criteria regards appropriate notification being supplied to the client, then it appears that their only option is to ask the personal adviser to consider whether they do have to attend the Skills Conditionality training, on the basis that other training they are taking is sufficient for the same purpose.

If the adviser refuses to do so and the client doesn’t attend and subsequently has a sanction imposed, they would need to challenge through MR/appeal with good reason grounds, which you can find some more information about at Ask CPAG online - How can you avoid a JSA Work Programme sanction?

Paul_Treloar_CPAG - 26 January 2015 03:54 PM

Skills Conditionality was introduced byway of SI 2013 No.276 which was rushed in following the decision in Reilly about the legality of workfare schemes, see reg.3(7).

There’s an overview of Skills Conditionality requirements in this Back to Work Schemes leaflet from DWP, pages 4-6.

This article from the Welfare Rights Bulletin from December 2013 Sanction busting: part 3 sets out the legal requirements in terms of what information DWP and/or Work Programme providers must supply to someone who is required to take part in such schemes.

Essentially, if they have fulfilled the criteria regards appropriate notification being supplied to the client, then it appears that their only option is to ask the personal adviser to consider whether they do have to attend the Skills Conditionality training, on the basis that other training they are taking is sufficient for the same purpose.

If the adviser refuses to do so and the client doesn’t attend and subsequently has a sanction imposed, they would need to challenge through MR/appeal with good reason grounds, which you can find some more information about at Ask CPAG online - How can you avoid a JSA Work Programme sanction?

Thanks Paul, that’s very helpful.