Universal Credit Knowledge Management Initial Work Search Interview How to conduct an initial Work Search Interview Content KMContent The aim of the initial Work Search Interview (WSI) is to encourage claimants to get into as much work as they reasonably can do as quickly as possible. The work coach (WC) takes account of individual circumstances and sets requirements (that if complied with) will give the claimant the best possible prospects of finding: paid work more work better paid work All such requirements are recorded in the Claimant Commitment. The claimant must accept their Claimant Commitment in order to receive Universal Credit. Claimant responsibility Day 1 Conditionality Day 1 conditionality only applies to claimants in the AWRR-intensive regime. These claimants will be aware of the activities as agreed with the account developer (AD) when the initial appointment was arranged with the claimant. These activities are: set up an email address, create a Curriculum Vitae (CV) and create a Universal Jobmatch account. The WC will establish if the claimant has completed any or all of the day 1 conditionality activities. If the claimant has not completed any of these activities the WC will mandate the claimant to do so by recording this within the work preparation activities on the Claimant Commitment. The WC updates Work Services Platform (WSP) to record the claimant s day 1 conditionality activities, to do this the WC: 1. Navigates to 'General' screen and selects 'Day 1 Conditionality' drop-down box and records status (Not Applicable, Day 1 Conditionality Applies, Day 1 Conditionality Completed). 2. Navigates to 'Personal' screen and selects 'Up to date CV' yes or no radio button. 3. Selects 'Universal Jobmatch' drop-down list. Claimant Commitment not accepted The steps to take when a claimant doesn't accept a Claimant Commitment 1
Content KMContent Claimant Commitment not accepted in the initial Work Search Interview If the claimant doesn t accept the Claimant Commitment, they are advised: of the purpose of the Claimant Commitment that they (and their partner if they have one) won t be entitled to Universal Credit if they don't accept a Claimant Commitment that Universal Credit will inform their partner (if they have one) that they have not accepted a Claimant Commitment and that neither will be entitled to Universal Credit if the claimant doesn't accept a Claimant Commitment Claimant Commitment not accepted during an on-going claim For an on-going claim, their payments will be stopped from the beginning of the assessment period in which they failed to accept their Claimant Commitment. They will then have to claim again, and they will still have to accept a Claimant Commitment While the claimant is deciding whether or not to accept their Claimant Commitment, they must still undertake the activities that have been set out in the Claimant Commitment and commitment pack. The claimant may be sanctioned if, without good reason, they do not undertake these mandatory requirements however, if they request a second opinion and the mandatory requirements are changed, a sanction referral is not appropriate if the claimant fails to do something which on review we decide is no longer required. All claimants must be advised: that they have a period of 5 working days during which they can accept their Claimant Commitment this period starts from the day they refuse to accept their Claimant Commitment if they accept the original Claimant Commitment during this time the claim continues from the original date if they have not had a change of circumstances in the meantime they can request a second opinion with another work coach (WC) at any time during the 5 working day period that it is their responsibility to contact Universal Credit during the 5 working day period (if they make contact after the 5 working days have expired their claim/joint claim won t be completed) once they have requested a second opinion the 5 day period ends and: the second opinion interview must be conducted on the same day or exceptionally on the following working day if they wish to accept the original Claimant Commitment on the day they requested the second opinion, they can if the second opinion does not change the original Claimant Commitment, the claim to Universal Credit will be terminated and they must make a new claim online the next working day (their new claim start date will be the date they submit their new claim) 2
if the second opinion does change the original Claimant Commitment then the Universal Credit claim will continue with the original claim start date if there have been no other changes in their circumstances the claimant must also be made aware that there will not be any further cooling off period for this Claimant Commitment following this second opinion The claimant must be offered another opportunity to sign the original Claimant Commitment once this has been explained: if the claimant accepts the original Claimant Commitment if the claimant requests a second opinion if the claimant does not accept the original Claimant Commitment or request a second opinion, they will enter a cooling off period. Claimant Commitment book a second opinion interview How to book the second opinion interview when a claimant doesn t accept the Claimant Commitment during a Work Search Interview Content KMContent If a claimant doesn't accept the Claimant Commitment during their Work Search Interview and requests a second opinion, a check must be made to see if the claimant is still in their cooling-off period. To do this the agent: 4. Selects 'Claimant Commitment' from the common menu. 5. Checks the 'Created on' date for the Claimant Commitment marked 'Not accepted in cooling-off period'. 6. Checks that there is an outstanding 'End of cooling-off period' system task in the Open activity associated screen (accessed through 'Activities' in the extension menu). If the task is still current the claimant should still be in their cooling-off period. If the 5 working days has expired, the claim will be ended and the claimant must submit a new claim for Universal Credit. If the claimant is still within the cooling off period, the agent: 1. Books a second opinion interview (the interview must be on the same day or the next working day). 2. Amends the Claimant Commitment status to 'Not accepted 2nd opinion'. 3. Selects 'OK'. 4. Updates Work Services Platform 'Notes'. 5. Selects 'Save and close'. 3
Claimant Commitment - Cooling off period Information for agents about the 5 working days cooling off period when a claimant does not accept their Claimant Commitment Content KMContent Instigating the cooling off period If a claimant does not accept their Claimant Commitment but does not request a second opinion, or ends the interview without accepting the Claimant Commitment, they enter the 'cooling off' period of 5 working days from the date they did not accept their Claimant Commitment, the agent: 1. Accesses the Claimant Commitment screen in WSP. 2. Amends the Claimant Commitment status to 'Not accepted in cooling off period'. This action must be completed on the day of the interview as WSP automatically calculates the cooling off period and sets a task for action to be taken. 3. Issues the claimant with the 'UC216' letter about the cooling off period. If there is a partner issue the 'UC215'. 4. For new claims only sets a WSP task to check that the 'Verified' field on the claimant's 'General' section has been updated. This should be set to 'Yes' if the Claimant Commitment has been agreed during the cooling off period or at the second opinion interview. 5. Selects 'notes' from information tab. 6. Inputs note in free text box to include Claimant Commitment not accepted face to face, by letter, e-mail or by telephone and cooling off period letter issued. For an on-going claim, while the claimant is deciding whether or not to accept their Claimant Commitment, they must still undertake the activities that have been set out in this (updated) Claimant Commitment and commitment pack. The claimant may be sanctioned if, without good reason, they do not undertake these activities. However, if they request a second opinion and the requirements are changed, a sanction referral is not appropriate if the claimant fails to do something which on review we decide is no longer required. Accepting the Claimant Commitment If a claimant wishes to accept the Claimant Commitment during the 'cooling off' period, the claim continues from the original date of claim. Claimant requests a second opinion If a claimant requests a second opinion before the 'cooling off' period ends, they can no longer accept the original Claimant Commitment. The agent books a 'Claimant Commitment - Reconsideration' interview for the same or next working day and updates the Claimant Commitment status to 'Not accepted 2nd opinion'. 4
Claimant Commitment conduct a second opinion interview How to conduct the second opinion interview when a claimant doesn't accept the Claimant Commitment during their initial Work Search Interview Content KMContent Reviewing the Claimant Commitment at the second opinion interview At the interview the Claimant Commitment that was previously not accepted is reviewed and a determination made if it should be changed. It should only be changed if, in the opinion of the work coach (WC) conducting the second opinion interview, the work-related requirements were unreasonable based on the claimants personal circumstances. To review the Claimant Commitment: the claimant commitment is previewed the claimant is asked to give their reasons why they did not accept the Claimant Commitment the reasons are discussed with the claimant and challenged where necessary a determination is made whether the work-search requirements in the Claimant Commitment are reasonable the decision is explained to the claimant Claimant Commitment reasonable For a Claimant Commitment created at an initial Work Search Interview the claimant is informed: their claim and their partner's will be ended they will have to submit a new claim online from the following day For a Claimant Commitment created at an ongoing Work Search Interview the claimant is informed: their claim and their partner's will be ended their payments will be stopped from the beginning of the assessment period in which they failed to accept their Claimant Commitment they will have to submit a new claim online from the following day The WC then closes the Work Services Platform (WSP) record, see 'Ending the claim in the Universal Credit Agent Portal and WSP' below. Claimant Commitment unreasonable If it is decided that the work-related requirements within the Claimant Commitment were unreasonable, they should be amended and a new Claimant Commitment created. The Claimant Commitment being previewed cannot be edited. 5
To create a new Claimant Commitment (on WSP). Claimant accepts the new Claimant Commitment If the claimant accepts the revised Claimant Commitment, and has had no other changes of circumstances affecting their entitlement to Universal Credit, the claim will continue from the original date of claim. If it is a new claim to Universal Credit, the WC updates the 'Verified' status in WSP. The WC then selects the claimant's 'General' section and 'Yes' from the 'Verified' drop-down list. Claimant doesn't accept the new Claimant Commitment If the claimant doesn't accept the new Claimant Commitment they are advised that their and their partner's claim will be ended and they must submit a new claim online. They must wait until the following day if they wish to submit a new claim for Universal Credit. The claimant has no right of appeal if the work-related requirements set out in their Claimant Commitment are not accepted in the second opinion interview. Once this has been explained to the claimant, they must be asked again if they wish to accept the Claimant Commitment. Ending the claim in the Universal Credit Agent Portal and WSP If the Claimant Commitment isn't changed or not agreed for claimant and/or partner, the WC accesses the Claimant Commitment screen in WSP and the status of the relevant Claimant Commitment is changed to: 'Claim not pursued' if it is a new claim 'Closed' if it is an existing claim The WC then closes the account on WSP. The WC creates a manual CAMLite task for the AD with the following detail: Task Type: Termination / suspension Sub Type: Make decision on Evidence Start Task From: Today's Date SLA: 5 days Notes: 'Universal Credit to be closed on dd/mm/yy, claimant has not accepted Claimant Commitment following second opinion interview' Assigned to: UC - Termination 6
Updating the Day 1 conditionality marker in the Work Services Platform How to update a Day 1 conditionality marker for a claimant in the Work Services Platform Content Day 1 conditionality only applies to claimants in the All Work Related Requirements (AWRR) group. The work coach (WC) establishes if the claimant has completed any or all of the day 1 conditionality activities. These activities are: set up an email address create a Curriculum Vitae (CV) create a Universal Jobmatch account Claimant hasn't completed Day 1 conditionality activities If the claimant hasn't completed any of these activities the WC mandates the claimant to do so by recording this within the work preparation activities on the Claimant Commitment. The WC updates the Day 1 conditionality marker on the Work Services Platform (WSP) and this should be set to 'Day 1 conditionality Applies' for claimants in the AWRR conditionality Group. Claimant has completed Day 1 conditionality activities Once the claimant has completed all the activities the marker should be changed to 'Day 1 conditionality completed'. See 'Updating the Day 1 conditionality marker' below. Claimants not in the All Work Related Requirements (AWRR) group Claimants in conditionality groups other than AWRR should have the marker set to 'Not applicable'. Updating the Day 1 conditionality marker To update the marker the WC: 1. Navigates to the General screen in WSP. 2. Selects the 'Day 1 conditionality' drop-down list and records the appropriate day 1 conditionality status as follows: Not applicable Day 1 conditionality applies 7
Day 1 conditionality completed 3. Selects 'Save'. Universal Jobmatch and Work Service Platform How to update a claimant's Universal Jobmatch status on the Work Services Platform Content Overview and benefits of Universal Jobmatch Universal Jobmatch is one of the largest jobsites in the United Kingdom, providing a new online service to post and fill jobs with automated job matching for both companies and jobseekers. Universal Jobmatch can be accessed from the GOV.UK website and can be used 24 hours a day, 7 days a week. A claimant can use Universal Jobmatch to: search for jobs create and manage their own account online and tailor their preferences to suit the job they are looking for create a profile to receive recommended jobs create or upload a CV receive alerts to notify them when new jobs are posted that match their work search record details about other job searches they do so that all their work search activity will be held in one place keep a record of the jobs they apply for The claimant can make their CV public in Universal Jobmatch so that employers are automatically notified if they have the skills and experience they are looking for. Employers can then contact them directly through Universal Jobmatch about their jobs. No personal information about claimants is shared with the employer until they actually choose to apply for the job. 8
To create a Universal Jobmatch account, the claimant needs to have a Government Gateway account. If they haven't already got one of these, Universal Jobmatch will provide instructions on how to do this when selecting that they want to register. Once the claimant has created a Government Gateway account they will need to keep their Government Gateway User ID and password somewhere safe as they need to use this each time they want to login to Universal Jobmatch. Where the claimant does not have a Universal Jobmatch account The work coach (WC) takes into account all of the claimant's circumstances to determine if it is reasonable to expect them to create a profile and CV in Universal Jobmatch. See Claimant Commitment Hub. When considering the claimant's circumstances, the WC establishes if they're not reasonably able to use the service, for example: the claimant has a learning or other health-related condition their second language is English they lack literacy and/or numeracy skills they have no reasonable access to their own computer/device (for example, because they do not readily have access to such a device and they can't access an alternative internet access device in their area) The WC also takes into account whether the claimant can reasonably access a Department for Work and Pensions (DWP) Internet Access Device (IAD) if they do not have access to the internet, or they wish to exercise their right not to accept cookies on their own device. The WC must explore all available access options before deciding that a claimant should not be required to use on-line work search. Where it is considered reasonable but the claimant will not do so willingly, the WC uses the Claimant Commitment to mandate the claimant to create a profile and public CV in Universal Jobmatch. Where the WC decides to mandate the claimant to set up a Universal Jobmatch account, they: record the action the claimant must take in 'Section 2: Specific actions I will take' on the 9
Claimant Commitment, along with the consequences of not doing so (the compliance condition) for example: I will create a profile and public CV within Universal Jobmatch by (enter date). If without good reason I don't do this, my Universal Credit payments will be cut by X for each day until I have done so. My payments will then be cut by X a day for a further period of up to 28 days." issue the claimant with the Universal Jobmatch Cookies Factsheet book a future interview with the claimant to follow up the agreed actions During future contacts with the claimant the WC or assistant work coach (AWC) must review the status of their Universal Jobmatch account and record the outcome on the Work Services Platform (WSP). Where it is decided a Universal Jobmatch account isn't suitable Where the WC decides not to mandate the claimant to create a Universal Jobmatch account, they consider any work-preparation activities which are appropriate to help the claimant set up an account. Examples include ESOL, basic skills, and IT skills. The WC then sets a review date to discuss the claimant setting up a Universal Jobmatch account and to follow up on the completion of any work-preparation activities agreed. The WC then records in WSP that Universal Jobmatch is not be suitable by selecting the 'Personal' tab and selecting 'No' from the 'Universal Jobmatch' drop-down list. The WC also records the reason why it is not suitable and the review date in the 'General notes' field on the claimant's WSP record. For example, 'Claimant not using Universal Jobmatch English as a second language and not yet started ESOL course' or 'Claimant not using Universal Jobmatch does not wish to accept cookies and claimant has no reasonable access to an IAD'. Where work-preparation activities aren't appropriate for the claimant (for example, because of a permanent disability) no review date is recorded. Claimant gives the Department for Work and Pensions access to their Universal Jobmatch account If the claimant gives permission the WC (or AWC) can look at their work search activity. This will: 10
help them to provide detailed evidence of their work search activity and to help confirm what they have done to find work in return for Universal Credit (their details are stored on Universal Jobmatch) mean that their WC can directly view their account information to give them extra help to improve their chances of being matched to a job, for example, they will be able to: improve the matches they get by reviewing their profile and CV identify any skills or training needs Identify other support they may need To give DWP access to their account, the claimant will need to log into Universal Jobmatch and select 'Profile' from the top menu. They then tick the check box against 'I authorise DWP to view my account including job search activity, feedback and notes'. They then need to save the changes to their account. Claimant has created a Universal Jobmatch account and given DWP access The WC asks the claimant to provide them with their email address or phone number to enable them to find the claimant and identify what their Jobseeker Universal Jobmatch ID number is. The WC selects 'Find jobseeker' on their application homepage, enters the claimant's email address or telephone number in the 'Enter search details' field and selects 'Go'. This will open a page which includes the Jobseeker Universal Jobmatch ID number. The WC accesses the 'Personal' tab on the WSP record, selects 'Yes' from the 'Universal Jobmatch' drop-down list and records the Jobseeker Universal Jobmatch ID number in the 'Universal Jobmatch User ID' field and selects 'Save'. Claimant has created a Universal Jobmatch account but not given DWP access The WC asks the claimant to provide them with their email address or phone number to enable them to find the claimant to confirm they have created an account. The WC selects 'Find jobseeker' on the Universal Jobmatch application homepage and enters the claimant's email address or telephone number in the 'Enter search details' field and selects 'Go'. This will open a page that returns a message which says 'User has not provided permissions to access account'. 11
The WC accesses the 'Personal' tab on the WSP record and selects 'Has account but refuses to give access to DWP' from the 'Universal Jobmatch' drop-down list and select 'Save'. The WC advises the claimant of the benefits of allowing DWP access and that they can change their mind at any time. Mandatory reconsiderations and appeals Where a claimant does not agree with the Universal Credit decision Diagram Timescales Full description When Universal Credit makes a decision on your claim or after you report a change in your circumstances, you will be sent a decision letter. If you think the decision is wrong If you think the decision is wrong, you must contact Universal Credit within 1 month of the date on the letter either by phone, face to face or in writing. If you do not contact Universal Credit within this time, any change to the decision may only apply from the date you make contact. You, or someone who has the authority to act for you, can ask for: an explanation of the decision a written statement of reasons for the decision the decision to be looked at again (this is called mandatory reconsideration) There may be some facts you think have been overlooked, or you may have further information that affects the decision. 12
If you ask for the decision to be looked at again, you will receive a letter explaining what has been done. This is called a Mandatory Reconsideration Notice. This will explain the outcome of your request, and what you need to do if you still disagree with the decision and want to appeal. If you still think the decision is wrong You, or someone who has the authority to act for you, can normally appeal to an independent tribunal. However, you cannot make an appeal until Universal Credit have looked at the decision again. If you can appeal, you must do this within one month of the date on your Mandatory Reconsideration Notice. Your appeal must be in writing and sent to Her Majesty s Courts and Tribunals Service (HMCTS). You will have received 2 copies of the Mandatory Reconsideration Notice. You will need to send 1 with your appeal and 1 is for you to keep. Your appeal will not go ahead unless you include a copy of this notice with your appeal. How to get an appeal form You can use the Tribunal s Notice of Appeal form to make your appeal. Using this form will help you to make sure that all the information the tribunal needs is included. To get a copy you can download an appeal pack, which includes a Notice of Appeal form, go to either of the following: HMCTS website www.justice.gov.uk/tribunals www.gov.uk Other outlets such as the Citizens Advice Bureau may also stock the Notice of Appeal form. Further information can be found on the HMCTS website. You can appeal by letter giving all the reasons for your appeal. If any information is missing it may take longer to register your appeal and the Tribunal may have to contact you for further information. Where to send your appeal If you live in England or Wales, send your appeal to HMCTS, SSCS Appeals Centre, PO Box 1203, Bradford BD1 9WP. If you live in Scotland send your appeal to HMCTS SSCS Appeals Centre, PO Box 27080, Glasgow G2 9HQ. Where to get more information 13
You can get more information and advice on how to appeal from: HMCTS website www.justice.gov.uk/tribunals www.gov.uk an advisory service for independent support such as Citizens Advice Bureaux Handling mandatory reconsiderations and appeals overview How to process a mandatory reconsideration or appeal when a claimant disputes a Universal Credit decision by telephone, face to face or in writing Content Once a Universal Credit decision has been made a decision notice is sent to the claimant. Decision notices are sent when Universal Credit is initially awarded or when a change affects the claimant's Universal Credit award. A decision notice can be either system generated or issued clerically. If the claimant disagrees with a decision, a mandatory reconsideration must be carried out before an appeal can be considered. A mandatory reconsideration can be requested either by telephone, face to face or in writing. Mandatory reconsiderations should be carried out by a different decision maker (DM) to the one who made the original decision. The mandatory reconsideration request is recorded in the Decision Making and Appeals Case Recorder (DMACR) and form UC108 and/or UC6 is used to record details of any further evidence or calculations used in the decision making process. Both of these forms need to be retained. Following an application to reconsider a decision, then unless it's a late application and not admitted, a decision maker will reconsider the decision to see if it can be changed. Once the DM has reconsidered the decision, two mandatory reconsideration notices are issued to the claimant advising of the action taken. If the claimant now wants to appeal, they must send a Mandatory Reconsideration Notice (MRN) to Her Majesty's Courts and Tribunals Service (HMCTS) along with their appeal. They are unable to appeal to HMCTS without this. A Universal Credit decision may be reconsidered, following: 14
an application for mandatory reconsideration made by the claimant, or the claimant's representative DWP staff acting on behalf of the Secretary of State identifying circumstances that may lead to a reconsideration decision Claimant wants to appeal a UC decision Under Direct Lodgement a claimant must send their appeal directly to HMCTS in order to lodge an appeal. Appeals can no longer be sent to DWP. A claimant can only appeal against a decision once a mandatory reconsideration has been done and they have received a MRN. If the claimant sends their appeal to DWP instead of HMCTS, the AD takes one of the following actions: 1. If the claimant includes their MRN, the AD returns the appeal and MRN to the claimant with a notification telling them to send their appeal to HMCTS. 2. If the claimant has not had an MRN on the decision they're appealing against, the AD treats the appeal as a request for a mandatory reconsideration and issues a notification to the claimant. 3. If there is an mandatory reconsideration already in progress, the AD checks that the new information doesn't affect the reconsideration and continues with the mandatory reconsideration (returns the appeal to the claimant with a notification). 4. If the claimant has had a mandatory reconsideration but has included new information that affects the original decision then the DM: conducts a reconsideration, including the reconsideration phone call if necessary 15
records outcome of the mandatory reconsideration on a Universal Credit DMACR Solution records the new details in CAMLite contact history notes issues a new decision notice, 2 MRN's and a letter telling the claimant the correct appeal process. Preparing an appeal response 5. If the claimant has included new information that doesn't affect the original decision, the AD returns the appeal to the claimant with the new information and a letter containing instructions to send the appeal to HMCTS. When an appeal is received by HMCTS they notify DWP and request an appeal response. HMCTS will send a notification letter to DWP with a copy of: the notice of appeal the MRN any other documents that have been submitted with the notice of appeal Universal Credit has a legal obligation to provide an appeal response to HMCTS within 28 days (from when DWP received the appeal response request) unless a time limit extension has been requested. See Informing HMCTS that an extension to provide an appeal response is needed below. 16