Work and Health Programme

Our client claimed UC immediately after being forced to leave employment because of illness, and asked to be treated as having LCW/LCWRA.  She has appealed a decision that she does not have either LCW/LCWRA and we expect the oral hearing to take place shortly.

She has now been told that she must participate in a Work and Health Programme run by Shaw Trust.

We have been able to find out very little about the WHP.  There is a brief account on .gov.uk, and a slightly more informative briefing paper for MPs placed in the House of Commons library.  What is clear is that the programme is voluntary, except for those who have been in receipt of an unemployment benefit for two years, when it becomes compulsory.

Because it took an eternity for UC to issue a UC50, carry out a LCW assessment, make a decision and then produce a response to the client’s appeal, two years have now elapsed since her initial UC claim.

We have advised our client to request a deferment of the requirement to attend the WHP, pending the hearing of her appeal.  However, we have been unable to establish the legislative basis of the requirement to participate in the WHP, whether there are any provisions for good cause not to participate, or the consequences of failing to participate.

Can anyone help, please?

I think some work needs to be done on both this and the Health and Work Conversation, as things are very quiet about both and finding details is quite a task.

Looking around, all documents on the H℘ appear relatively old, 2016/17. Not many recent assessments?

The Commons library document appears to be the most recent at 8/1/18 - file:///C:/Users/71012868/Downloads/CBP-7845.pdf

An undated ‘deposited’ paper here too - http://data.parliament.uk/DepositedPapers/Files/DEP2018-0759/Work_and_Health_Programme_v5.0.pdf

There’s an interesting DWP Powerpoint presentation here -  http://www.legislation.gov.uk/uksi/2017/1020/pdfs/uksiod_20171020_en.pdf

Here’s how this defines Long Term Unemployed:
Long Term Unemployed (LTU) – these will be claimants in the intensive work search regime in Universal Credit (‘UC’) or Jobseekers Allowance (‘JSA’) claimants who have not moved into employment within 24 months of their claim.

This defines ‘intensive work search’ – (I can never remember what these things mean) https://www.whatdotheyknow.com/request/366996/response/904624/attach/5/2 Conditionality and regime Overview.pdf

The presentation discusses the draft changes to Regulations
• ‘Sufficient powers are already in place for UC LTU claimants and no amendments are required for voluntary participants whose engagement will be managed through the existing benefit regime • The draft Regulations amend the current Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 to add the WHP to the list of employment schemes in which participation can be mandatory’
‘This means the Secretary of State for Work and Pensions can require JSA claimants who are LTU and selected under regulation 4 of the 2013 regulations, to participate in WHP • The regulations also mean that a claimant, who fails without good reason to comply with such a requirement to participate, can be liable to a benefit sanction i.e. the reduction or loss of JSA for a period of several weeks’

The approach to sanctions is also discussed.

Schemes for Assisting Persons to Obtain Employment Regs as amended: http://www.legislation.gov.uk/uksi/2013/276

Andrew, you are an absolute star.  You’ve given me everything I needed, thank you.

Only one thing;  your link to the HoC Briefing Paper appears to be broken.
https://researchbriefings.files.parliament.uk/documents/CBP-7845/CBP-7845.pdf    seems to work.

Ruth