Work around agreed for FND participants who re-engage when a sanction doubt is raised, but before the decision is made; those with a 26 week sanction who re-engage and those who cannot re-engage
Background
As FND contracts are ending on 1 September 2011 the opportunities for participants to re-engage with provision and have their sanction lifted are diminishing.
This memo is to inform FND Suppliers of the process agreed with Jobcentre Plus for awareness purposes only as you or your sub-contractors may receive telephone calls from Decision Makers asking if a participant has re-engaged.
NB. A participant is able to re-engage with the provider if their FND provision is still open, however if FND has been closed on PRaP then then they can no longer be re-referred to be able to re-engage.
Re-engagement for FND participants with a 26 week sanction doubt or decision
Agreed process for FND participants
It has been agreed that Decision Makers will have greater discretion where a participant re-engages following a 26 week sanction doubt being raised.
Workarounds for FND participants
Participant re-engages following a sanction doubt but prior to a decision being made
Where a Decision Maker is considering the doubt they must:
- review all evidence, including contacting the Provider, perhaps by telephone to check if the participant has re-engaged
If the participant has re-engaged:
- retrieve case papers; and
- no sanction should be imposed
If the participant has not re-engaged:
- continue with normal decision making activity
Participant re-engages following a sanction doubt, following a decision being made
The Decision Maker must:
- review all the evidence that supports re-engagement and lift the sanction; and
- contact the Provider, perhaps by telephone to check if they have re-engaged
If the participant has re-engaged:
- the sanction may be lifted but only after the participant has served 4 weeks of the 26 week sanction
If the participant has not re-engaged:
- continue with normal decision making activity
Participant is unable to be re-referred to re-engage
From 20 June 2011 FND participants with a 26 week sanction cannot be re-referred to the provider.
In these circumstances where a participant is serving a 26 week sanction and has served the first 4 weeks and has demonstrated re-engagement / re-compliance with another activity that the adviser thinks is appropriate, the sanction can be lifted.
If you have any questions and/or queries regarding transition or the information given in this memo, please send them to jobseekers.provisionenquiries@dwp.gsi.gov.uk
