Mandatory work activity and employment, skills and enterprise scheme

New DWP guidance

13 December, 2011

The DWP has published new guidance on jobseeker's allowance (JSA) mandatory work activity (MWA) and the employment, skills and enterprise scheme (ESE).

In DMG Memo 32/11, 'JSA MWA and ESE Schemes - further guidance for decision makers', the DWP says that the guidance has been produced in order to give further guidance in response to a high level of queries in relation to notification issues, mandation and sanctions with regard to JSA MWA and ESE scheme referrals.

The DWP goes on to to give detailed guidance on those issues, including -

• the information that needs to be notified to the claimant in order for them to be required to undertake MWA or ESE scheme activity; how the requirement to notify is met; and that a sanction can only be applied where the notification requirement is met;
• that failure to attend a pre-selection interview or induction/pre-start interview cannot attract a sanction;
• that the only reason a claimant can be sanctioned is if they fail, without good cause, to participate in the relevant scheme, and the meaning of 'participation' including that inappropriate behaviour can be considered a failure to participate;
• that a MWA activity notification letter must equate to four weeks, unless the claimant was re-referred to a placement to complete the balance of time following an interruption in specified circumstances;
• the meaning of 'good cause' in ESE and MWA schemes, including that previous failures may be relevant as evidence of credibility of the evidence presented to support good cause for a current failure;
• that - whilst the time limit to show good cause is within 5 working days of the date the Secretary of State notifies the claimant of the failure to participate - information which is received late, but merely serves to verify or clarify evidence which was received within the time limit, can be taken into account;
• how a decision maker should decide that a two or four week sanction is appropriate; and
• that, where a claimant is mandated by a provider to take a job offered, but the claimant refuses, the decision maker should consider whether the claimant showed good cause in not complying with the requirement imposed; and
• that there is no provision that the employment mandated by the provider has to be at least for 16-24 hours per week as per the good cause provision for refusing employment sanctions.

DMG Memo 32/11 is available from the DWP website.