IM v SSWP, work-related activity and ‘soft skills’
I had noted this was happening a while ago and the previous lists that were produced at the back of submissions were replaced with these kind activities while the DWP submission actually said that there had been not substantive change since 2011. My approach to this was to produce therefore the previous list and use this to frame the arguments re reg 35 on the basis that my their own admission this had not changed so was presumably still valid.
There is a list now in the appendix of DMG Memo 1/18 and ADM Memo 2/18. Which provides a more realistic appraisal of WRA. In cases I have pending I have sent this to the appeals service suggested that they use this list as the DWP seem to be suggesting this is more representative of what a claimant may be asked to do.
Not had the case heard yet as still awaiting a tribunal date.
Same issue here https://www.rightsnet.org.uk/forums/viewthread/12158/
Am waiting on set aside request/application to UTT x 2. Interesting to note your tactics Rob, think that I will try that next time.
Cheers Rob - very useful.
If I understand the DMG 1/18 memo correctly,
“Where the Jobcentre Plus Offer WRA list is included, the appeal response should explain that the types of WRA included are available throughout GB. Where reference in the most demanding WRA list is made to attending courses, it is not possible to provide evidence of what courses are available in the claimant’s area, due to the way in which information about courses is recorded.”
then the JC+ WRA offer is available throughout the UK - i.e. all of the activities included in the appendix. I have understood that correctly? because if I have, the Department has misled the tribunal in my case…..
I have two at appeal at the moment which both contain this exact wording:
“There are different types of work related activity that may be available to you. I have to consider what types of work related activity from that list it is considered that you might reasonably be expected to undertake. An example of the least demanding type of work related activity could be to make a list of your hobbies, things you enjoy doing and things you used to enjoy doing.”
“The most demanding type of work related activity could be to research local self help centres appropriate to your condition. Keep a log of any research you do or contact you make.”
There isn’t even a copy of “that list” attached. In both cases the sentences are in the MRN and are just referred to in the response without anything further.
Obligations as set out in IM clearly not complied with then - and an attempt to mislead the tribunal to boot.