Appeal against sanctions for Mandatory Activity Notifications

Newer contentnow on:
www.refuted.org.uk  – Twitter: @refutedFacebook: facebook.com/refuted.org.uk

When submitting a ‘good cause‘ [1] reason against any Work Programme (WP) Provider/Subcontractor issuing a sanction doubt WP08 form for not complying with a Mandatory Activity Notification (MAN) or appealing to a tribunal against an actual benefit payment sanction, the following is highly recommended:

References:
[1] The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, Part 3 Sanctions, 7. Good cause.
DWP Provider guidance on: Chapter 6 Raising a compliance doubt and
Chapter 7 Re-engagement and Reviewing a Sanction

Contents

  • 1) Very important defense tip
  • 2) WP08
  • 3) Mandatory Activity Notification (MAN)
  • 4) Copies of your personal data held, via a Subject Access Request (SAR)

1) Very important defense tip

Do not give any Work Programme Provider representative any reason (‘good cause’) whatsoever when they claim you did not comply with any Mandatory Activity Notification (MAN), as this information could be used against you. Providers have no powers to consider any ‘good cause’ you give, they have a contractual obligation to submit a WP08 sanction doubt form for Jobcentre Plus to make a decision upon,  no matter what you say.

Only provide any formal ‘good cause’ direct to the Jobcentre Plus, when they write asking for it and then only after you have sought independent advice.

2) WP08

Always request a copy, from Jobcentre Plus, of the sanction doubt form WP08 that WP Providers must issue to the Jobcentre, together with any additional evidence provided.

Download a WP08 form.

3) Mandatory Activity Notification (MAN)

Always request a copy of the MAN that is referred to in Section 3 of WP08.

Assistance http://www.consent.me.uk has been providing to people subject to sanction doubts and actual benefit payment sanctions has shown that WP08 forms are often:

  • Incorrectly completed
  • Contain bogus unsubstantiated opinion
  • Incomplete and have no evidence that a MAN was ever being issued, or the MANs wording is vague or too broad
  • Contain evidence that the MAN referred to is not valid (whether partially or fully)

The DWP policy states that for any MAN to be valid it must:

“Notify the participant in writing on a Mandatory Activity Notification
(MAN):

–  The specific action that they are required to undertake
–  When or by when they must undertake it
–  That the action is mandatory
–  What evidence, if any, they must supply to demonstrate completion
–  The potential consequences should the participant fail to comply.

Required wording: If you do not undertake the activities required in
this notification your benefit could be affected”

Download a copy of the guidance on MANs and Mandation.

4) Copies of your personal data held, via a Subject Access Request (SAR)

If appealing against an actual benefit payment sanction it is highly recommended that the Jobcentre be given, as soon as possible, a Subject Access Request (SAR) form to obtain  copies of personal data held by Providers and Jobcentre Plus, the following comments are suggested for the form:

Dear Jobcentre Plus, (local office)

RE: Subject Access Request (SAR)

Please arrange for a copy of all the personal data, clerical (on file/paper) and electronic data held by your Data Processor Work Programme Provider [name of provider] and any of it’s Subcontractors [Subcontrator’s name(s)]. Together with a copy of all the clerical (on file/paper) and electronic data held by Jobcentre Plus, since the beginning of my current Jobseekers Allowance claim, including any personal data shared or exchanged with or between your Data Processor Work Programme Provider [name of provider] and any of it’s Subcontractors [Subcontractor’s name(s)] since the Jobcentre referred me to the Work Programme. I also want copies of my personal data held on the Jobcentre/DWP’s Labour Market System (LMS) and  Provider Referrals and Payments (PRaP) databases, including any audit trails.

I prefer each category of personal data to be sent to me when available, as separate items, rather than waiting to send everything as one package. My priority would be to obtain all the personal data, requested above, held by your Data Processor Work Programme Provider [name of provider] and any of it’s Subcontractors [Subcontrator’s name(s)].

I am happy for Jobcentre Plus to pass on this request to your Data Processor Work Programme Provider [name of provider] and any of it’s Subcontractors to meet this request. Taking note of:

“As DWP is the data controller not the provider, providers do not hold any information about DWP participants in their own right. Any SAR requests for DWP participants should therefore be sent to DWP.

http://www.whatdotheyknow.com/request/79898/response/216778/attach/html/2/FoI%20IR%20188%2010.10.11.pdf.html

Framework Agreement for the provision of employment related support services
24.  DATA PROTECTION
“provide the Authority with full cooperation and assistance in relation to any complaint or request made, including by:
providing  the  Authority (DWP/JCP)  with  any  Personal  Data  it holds  in  relation to a Data Subject”

http://dwp.gov.uk/docs/framework-draft-tandc.pdf

[It is suggested this form be handed delivered, directly to your allocated Jobcentre Adviser, which should prevent the need to provide Proof of ID documentation]

Notes:

As WP08 and MANs are only available upon request, make sure copies of them are requested immediately a sanction doubt is raised. This would be in addition to the SAR form, item 3 above. As these documents are critical consider asking for them on a face to face basis, by fax or email, or via a telephone request. Follow up any contact with a letter that states you are waiting for the WP08 and MAN to be provided, indicate whether you want to collect them or have them sent by post (Suggest 1st class recorded delivery).

Advertisements

Comments

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s