Guidance

Chapter 7: Entitlement Doubt

Updated 4 April 2024

Please note: Please follow the processes outlined for WHP Core for WHP Pioneer. Elements that are exempt from this can be found in Chapter 2b WHP Pioneer eligibility and entry points.

ESF Requirement Changes

1. When referring to ESF Requirements within this chapter please note the following changes to ESF Requirements effective from 24 July 2023 (England).

• providers no longer need to submit or process ESF 14-20 Initial or ESF 14-20 End forms for Participants
• products can be updated to remove ESF logos. Changes to existing products and any new marketing and publicity materials should be sent to WHP.ENQUIRIES@DWP.GOV.UK for approval.
• providers should continue to use the current template for Good News Stories, until notified of amendment.
• participants you have already submitted ESF 14-20 Initial and ESF 14-20 End forms for over the lifetime of your WHP contract continue to be subject to ESF obligations. This includes Audit requirements and the ESF Document Retention Policy which at present is expected to be 2034.

In addition to the above, ESF requirements do not apply to participants started on or after 1 November 2022’

Please note: You are expected to continue to complete and to share Good News Stories with your Performance Manager as part of your contract with DWP.

High Level Must Do’s

1. Provider gathers information and sends to local Jobcentre.

2. Jobcentre establishes if entitlement doubt and refers to Labour Market Decision Maker (LMDM).

3. LMDM makes decision and notifies the provider.

Provider identifies entitlement query for Jobseekers Allowance (JSA) Participant

2. If you have doubts regarding a Participant’s entitlement to Jobseeker’s Allowance (JSA) you are required to refer to Jobcentre Plus Decision Maker for a decision.

3. An entitlement doubt arises when a Participant is not available for work or is not actively seeking employment.

4. Entitlement doubts are not relevant for participants receiving benefits other than Jobseekers Allowance or Universal Credit (For Universal Credit see paragraph 26).

Actions

• Decide whether the Participant is available for work and actively seeking employment.
• Check potential entitlement doubt reason.

Background

5. Further detail on entitlement doubt reasons is provided in the Detailed background and further information section.

Provider gathers information and sends to Jobcentre Plus

6. When you have made the decision to raise an entitlement doubt, you must complete the Work and Health Programme (WHP) entitlement doubt form. For JSA participants this is the Entitlement Doubt for JSA Participant (WHP10). A Participant’s entitlement will then be discussed when they next attend with Jobcentre Plus.

Actions

• Complete the WHP10 entitlement doubt form.
• Send securely via post to the agreed contact in your local Jobcentre Plus office. This process will remain until a secure IT solution is developed. For further information about sending document securely refer to Generic Provider Guidance Chapter 8 - Information Security.

LMDM makes decision and notifies the provider

7. Sanction - A benefit sanction is a penalty imposed on a benefit claimant by the Department of Work and Pensions (the Department). It is a decrease or loss of a benefit when someone without good reason has not met conditions imposed by the Department.

Please note: This chapter should be read in conjunction with Work and Health Programme - Chapter 5a Mandation to activity attracting a low level sanction and Chapter 5b - Mandation to activity attracting a higher level sanction.

8. The WHP10 doubt form will be updated and sent by post to inform you of the result of your referral. DWP will notify you of any sanctions imposed when a new claim is made.

Actions

• Continue to engage with the participant in line with your delivery model.

Provider identifies entitlement query for JSA participant

9. Two of the entitlement conditions for the receipt of JSA are that Participants are:

• available for employment.
• actively seeking employment.

Please note - For Prison leavers claiming JSA you should not consider raising an entitlement doubt for seven days following the date of their release.

Available for employment

10. The Jobseekers Act (1995) states that a participant in receipt of JSA must be available for employment. This means that a participant must be willing and able to take up immediately employment of at least 40 hours a week subject to restrictions.

11. However, there are exceptions to the requirement to be immediately available for employment and these are:

• participants engaged in providing a service, paid or unpaid, must be willing and able to take up employment on being given 24 hours’ notice.
• participants undertaking voluntary work must be willing and able to take up employment on being given one week’s notice and attend a job interview within 48 hours’ notice.
• participants with caring responsibilities must be willing and able to take up employment of at least 16 hours a week on being given one week’s notice and attend a job interview within 48 hours’ notice.
• participants with child care responsibilities can have up to seven days’ notice of interviews for employment and can have up to 28 days’ notice before starting work.
• participants doing part-time work must be willing and able to take up employment immediately following the statutory period of notice they are required to give their employer to end the contract of employment.
• participants who are on an Extended Period of Sickness.
• a Lone Parent who has a child aged 12 or under has the right to restrict their availability for work to school hours if they wish. Restricting their availability to school hours only applies to term time.
• participants who report a domestic emergency can be considered to be available and actively seeking employment for up to a week at a time, for a maximum of four times in a year. The circumstances when this applies includes if there is a:
• death
• serious illness or accident of a close relative or close friend.
• funeral of a close relative or close friend.
• if the person has caring responsibilities and the person they are caring for dies.
• any other domestic emergency affecting the jobseeker or a close relative or close friend.
• victims of domestic violence may be excused from JSA conditionality for up to 13 weeks.

This list is not exhaustive.

Please note: The periods can run consecutively if appropriate and may consist of a combination of the events listed above.

Please note: All notice periods are calendar days.

Actively seeking employment

12. The Jobseekers Act (1995) and regulations provide that a participant claiming JSA must actively seek employment in each week of their claim. This means that they must take those steps each week which:

• are reasonable in their case.
• offer their best prospects of securing employment.

13. There may be a number of considerations when deciding whether a participant is actively seeking employment or not. These can include steps to seek work and to enhance the participant’s employability.

14. When deciding whether a person has taken reasonable action to seek work in a week the following points should be considered:

• their skills and abilities.
• any physical or mental limitations.
• time elapsed since they last worked and the level of work experience.
• steps taken in previous weeks and how effective they were in improving their prospects of work.
• availability and location of employment vacancies.

15. Other points to be considered are the individual’s circumstances. For example:

• if the participant has no living accommodation and the steps taken to secure suitable living accommodation.
• any time the participant was engaged in voluntary work and the extent to which that may have improved their prospects of employment.
• any time the participant was engaged in duties as a member of a territorial or reservist force or retained fire-fighter or lifeboat crew.
• victims of domestic violence may be excused from JSA conditionality for up to 13 weeks.
• participant is on an Extended Period of Sickness with no conditionality or limited conditionality.

16. When a participant is treated as being available for work, even when they are not, for example during a domestic emergency, they can be treated as actively seeking work for the same period.

17. If you are unsure whether a participant is satisfying their actively seeking employment condition, and you have reason to suspect they are not, you should raise an entitlement doubt.

Entitlement doubt reason

18. You are required to consider raising an entitlement doubt where a participant:

• is not available within appropriate time limits, for example the participant is not able to start work immediately (unless suitable circumstances dictate otherwise).
• has placed restrictions on the number of hours they are prepared to work over and above that already agreed and informed to you by Jobcentre Plus.
• is placing restrictions on the nature of, location or terms and conditions of employment they are prepared to accept, for example the participant requires work which is not obtainable in the location they are seeking to be employed.
• restricts the types of job that they are seeking over and above those agreed with Jobcentre Plus.
• is a full-time student or where they are a part-time student who is studying for 16 hours or less but not willing to give course up for employment.
• is not actively seeking employment, for example where the participant is not taking sufficient steps to find employment.
• is a prisoner on temporary release; or
• a woman in receipt of maternity allowance or maternity pay.

Compliance information request

19. Jobcentre Plus may contact you about a potential compliance query they have identified or with regards to the doubt you have raised.

20. They will want clarification on the activities/participation of the Participant. You will be expected to respond to any questions asked as soon as possible to prevent unnecessary loss of benefit payments to the participant.

LMDM makes decision and notifies the provider

21. Where a Participant is disallowed on the grounds of availability or actively seeking work, their claim for JSA may be closed. If this happens, any requirement for them to participate on the WHP will cease. They may choose to continue participating on a voluntary basis.

22. If they subsequently reclaim they will have to claim UC, a sanction may be applied to take the total loss of benefit to 4 or 13 weeks. LTU participants will be required to participate with you for the duration of their time on the WHP.

23. If you raised the original entitlement doubt, you will be notified of the outcome decision via post on an updated version of the WHP10 doubt form. In all other cases, you will be notified of the disallowance decision, claim closure and reclaim by DWP on a CEPD1. DWP will inform you of any sanctions imposed when a new claim is made.

JSA hardship provision

24. Where a sanction is imposed on a Participant for either failure to take part in the WHP or due to an entitlement doubt raised by Jobcentre Plus, JSA is not payable for the period of the sanction.

Please note: The sanction is only applicable to the Participant’s individual benefit, so in the case of a joint claim the partner’s proportion of JSA would be unaffected (unless they had a sanction of their own).

25. However, if eligible the participant may be able to make a claim to JSA hardship provision, which if the claim was successful would make an award of JSA (Income-Based) at a reduced rate to give a minimum level of financial support.

26. If a participant asks about or requests information on JSA hardship provision you should direct them to their Jobcentre Plus office.

Provider identifies a work search and/or work availability compliance doubt for a UC participant in the Intensive Work Search regime

27. If you have compliance doubts regarding the work search and/or work availability of a UC participant in the Intensive Work Search regime you are required to refer it to the Universal Credit Service Centre (UCSC) for a decision.

Medium Level sanctions

28. Medium level sanctions will apply to the following work search and work availability doubts. This is where UC participants fail without good reason to:

• Undertake all reasonable action to obtain paid work or more paid work or better paid work; or
• Be able and willing to immediately take up paid work or more paid work or better paid work.

The sanction for failure to meet these requirements is:

• 28 days for a first failure where there has not been a previous medium level sanctionable failure in the 364 days immediately before the date of the current failure or 91 days for any subsequent failure within 365 days of the previous failure.

Please note: Where the UC participant is aged 16 or 17 on the date of the sanctionable failure, the reduction period is:

• 7 days where there has not been a previous medium–level sanctionable failure in the 364 days immediately before the date of the current failure; or
• 14 days if, in the 364 days immediately before the date of the current failure, there was another medium–level sanctionable failure for which a 7 or 14-day reduction was imposed

Please note: Where 2 medium level failures occur within 15 days of each other the period of the sanction will not escalate.

29. For medium level compliance doubts you only need to notify the Universal Credit Service Centre via the Work Search and Work Availability Doubt for Universal Credit Participants (UC190) form. Jobcentre Plus will investigate the doubt and initiate any DMA action as required. For information on low level and high level sanctions, please see Work and Health Programme - Chapter 5a Mandation to activity attracting a low level sanction and Chapter 5b - Mandation to activity attracting a higher level sanction and Work and Health Programme Provider Guidance Chapter 8 - Raising a compliance doubt for LTU participants.

30. Decide whether there is a doubt regarding a UC participant’s compliance with work search or work availability requirements.

Provider gathers information and sends to Universal Credit Service Centre (UCSC)

31. When you have made the decision to raise a compliance doubt about work search/availability, you must complete the Work Search and Work Availability Doubt for Universal Credit Participants (UC190) form. The UCSC will arrange for the UC participant’s situation to be discussed with Jobcentre Plus.

32. Complete doubt form and send it securely via unencrypted email to the UCSC. Further information can be found in Generic Guidance for DWP Providers Chapter 8 - Information Security and Work and Health Programme Provider Guidance Chapter 8 - Raising a compliance doubt for LTU participants.

UCDM makes decision & notifies the Provider

33. DWP will inform you of the outcome of the referral.

34. Continue to engage with the participant in line with your delivery model.

35. Further detail on compliance doubt reasons is provided in the Detailed background and further information section.

Detailed background and further information for UC Participants

36. During every Work Search Review by Jobcentre Plus, the Work Coach identifies the issues that affect the work a UC participant is expected to look for and accept if offered. The Work Coach establishes the type, location, hours and pattern of work a UC participant is expected to look for and be available for as set out in their Claimant Commitment. UC participants are encouraged to voluntarily share their Claimant Commitment with you, but where they decline to do so no further action should be taken. Further information about participants sharing the claimant commitment at the referral stage can be found in Chapter 6.

37. Participants in the Intensive Work Search regime of the All Work Related Requirements (AWRR) group are generally expected to be available for full-time work and carry out full-time (35 hours a week) work-related activity (work search and preparation), unless there are limitations on their availability.

38. Participants must understand:

• Their goal will be to get paid work, more paid work or better paid work as quickly as possible.
• They should undertake work search and work preparation activity for 35 hours a week, or the same number of hours they would normally be available for work if this is lower.
• The work search and work preparation activities must give them the best prospects of finding work quickly.
• Full-time work must comply with the European Working Time Directive, which is up to 48 hours per week.
• If, without good reason, they have not carried out their work related requirements, they will be sanctioned.

Availability

39. Jobcentre Plus Work Coaches will gather all the relevant information regarding the UC Participant’s circumstances, to determine the number of hours the UC Participant is required to be available for work. You may be notified of any limitations on availability via the Participants initial referral or through a change of circumstances form.

Availability to start work and attend a job interview

40. UC participants in the Intensive Work Search regime must be available and willing to start work and attend a job interview immediately. In certain circumstances participants may be given more time:

• UC participants who need to arrange childcare (or other care arrangements) before taking up work or attending an interview will be given up to 48 hours to attend an interview and a period of one month to take up a job.
• UC participants who are volunteers will be given up to 48 hours to attend an interview and one week to take up work.
• Participants with a contract of employment will be given 48 hours to attend an interview and will not be required to be available until they have served their notice period.
• In addition, work search and availability requirements must be limited to a work location which would take participants a maximum of 90 minutes to and from home in each direction.

Work Search Activity

41. The agreed work search requirements should be the most effective activities which, when undertaken, give the UC participant the best possible chance of getting paid work or more paid work or better paid work quickly.

42. Work search requirements will differ for each participant, based on their job requirement(s) and circumstances and may include, for example:

• Using Find a job.
• Registering with and using other job search websites.
• Carrying out other activities to look for work.
• Making applications.
• Registering with an employment agency.
• Seeking references.

(This list is not exhaustive)

43. A UC participant will have met a work search requirement to take all reasonable action for the purpose of obtaining paid work if the time they have spent looking for work is at least their expected number of hours (less any time spent working, participating in work preparation requirements or doing voluntary work or voluntary work preparation.)

44. If the UC participant does not look for work for their expected number of hours, Jobcentre Plus will consider whether they have done all that can be reasonably expected of them.

Work Search and Work Availability Doubt reason

45. If you are unsure whether a UC participant is satisfying their work search/availability requirements, and you have reason to suspect not, you should raise a work search and work availability doubt. For example, the UC Participant:

• Is not available within appropriate time limits e.g. the UC participant is not able to start work immediately (unless suitable circumstances dictate otherwise).
• Has placed restrictions on the number of hours they are prepared to work over and above any restrictions that already agreed and informed to you by Jobcentre Plus.
• Is placing restrictions on the nature of, location or terms and conditions of employment they are prepared to accept e.g. the UC participant requires work which is not obtainable in the location they are seeking to be employed.
• Restricts the types of job that they are seeking over and above any restrictions agreed with Jobcentre Plus.
• Is not actively seeking employment e.g. where the UC participant is not taking sufficient steps to find employment.

Provider gathers information and sends doubt

46. Complete the Work Search and Work Availability Doubt for Universal Credit Participants (UC190) and send to your UC Service Centre.

Compliance information request

47. UC Service Centre may contact you about a potential compliance query they have identified or with regards to the doubt you have raised.

48. They will want clarification on the activities/participation of the Participant. You will be expected to respond to any questions asked as soon as possible to prevent unnecessary loss of benefit payments to the Participant.

UCDM makes decision & notifies the Provider

49. Where a UC Participant is sanctioned on the grounds of availability or actively seeking work, if they are an LTU Participant, they will be required to continue to participate with you for the duration of their time on WHP.

50. The sanction for failure to meet these is a Medium Level sanction. Information on failure to complete a specific mandated activity or action (low/higher level sanctions) can be found in the Work and Health Programme - Chapter 5a Mandation to activity attracting a low level sanction and Chapter 5b - Mandation to activity attracting a higher level sanction.

51. If you raised the original doubt, you will be notified of the outcome decision.

UC Recoverable Hardship Payments

52. If a Participant is sanctioned then they can apply for a recoverable hardship payment from Jobcentre Plus to help them to meet their immediate and most basic and essential needs, or those of a child or qualifying young person for whom they or their partner is responsible. They will not be awarded a recoverable hardship payment until they have met all of their work related requirements.

53. If a Participant asks about or requests information on Hardship provision you should direct them to their Jobcentre Plus office.

54. Hardship payments are calculated on a daily basis based on 60% of the amount of reduction. A payment is made to cover a maximum of one month from the date on which the conditions for hardship are met (see paragraph 55 below), up to the point when a customer is next due to receive a payment. The customer must re-apply at each assessment period, if they are still in hardship and a sanction (or combination of sanctions) extends over a number of assessment periods. The total amount they receive is recoverable once their UC award is no longer reduced by sanction apart from any month where the customer (or customers in the case of a couple) are placed in the No Work Related Requirements group due to high earnings. The hardship payments cease to be recoverable once the customer (or customers) have had monthly earnings in excess of their individual threshold for at least six months.

55. A Participant whose UC award is subject to a Higher, Medium or Low level sanction can apply for a Recoverable Hardship Payment if they meet all the following conditions:

• They, or their sanctioned partner, are aged 18 or over.
• They have received a sanctioned payment (i.e. they cannot apply until they have actually received a reduced payment);
• They (or their sanctioned partner) have met any compliance condition relating to an open-ended sanction relevant to them – which, for Work and Health Programme participants, will usually mean they have re-engaged and done what was asked of them on their Action Plan, the failure to do so being what led to them being sanctioned;
• They have submitted an application and accompanying information and evidence;
• They, or each member of a couple, accept payments are recoverable;
• They, or each member of a couple, have undertaken all their work-related requirements in the 7 days before applying for payment;
• A UCDM is satisfied the Participant, and any children/qualifying young person they are responsible for, is in hardship because they;
• are unable to meet their immediate and basic and essential needs in respect of accommodation, food, heating and hygiene costs only;
• have made every reasonable effort to seek other sources of support to meet those needs; and
• Have made reasonable effort to reduce non-essential expenditure.

56. This means a Recoverable Hardship Payment will only start from the point a Participant can show they are actually in hardship.

ESA or IS Participants

57. Entitlement doubts are not applicable for Employment and Support Allowance (ESA) or Income Support (IS) participants. If you believe that an ESA or IS Participant is no longer eligible for their respective benefit, you should consider either:

• advising the Participant to contact Jobcentre Plus regarding a change of circumstance.
• raising an issue of fraud via the National Benefit Fraud Hotline.

Special Customer Records and MAPPA

58. If the Participant is identified as a Special Customer Record (SCR) Participant or has Multi Agency Public Protection Arrangements Participant (MAPPA) status, the completion of the form remains the same. However, your Nominated Officer should complete the form, ensure that ‘SCR Participant or MAPPA’ is marked clearly and securely send to the Nominated Officer in the relevant Jobcentre Plus office/UC Service Centre. Further information can be found in Generic Provider Guidance Chapter 2 - Delivering DWP provision.

59. All information on these participants whether received from Jobcentre Plus/UC Service Centre or generated by yourselves must be stored securely at all times. Further information can be found in Generic Provider Guidance Chapter 8 – Information security.

Should you require a copy of any of the forms mentioned in this chapter, please email WHP.ENQUIRIES@DWP.GOV.UK