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.
I suppose the cynical view would be that they have decided too many people are in the support group, and they would rather give up being able to insist on work-related activity than allow that to continue.
I think there are questions as to the lawfulness of it. The legislative structure is supposed to be two different groups in terms of activity demanded and not just payment, so surely a blanket withdrawal of all meaningful activity is outside a reasonable range of discretion.
Possibly - but that isn’t quite what has happened. The memos make it clear that the ‘Jobcentre Plus Offer’ is available ‘throughout GB’. It follows that a person in the work-related activity group can be mandated to carry out any of the activity in that offer - even if, in practice and for a temporary period, local Jobcentres may not be mandating the full range of activity. That being so, the Secretary of State is obliged by IM to provide the full list of work-related activity available and not just a heavily edited version that entirely misrepresents what can be required of a claimant - i.e. the list I provided in my original post.
I should say that the additional information that has come to light as a result of posting this thread (i.e. the memos) made me reconsider the decision not to seek leave - and I did this at the end of last week even though the application was then just over a week late.