Flexible New Deal: Q&A

No. You should refuse such ID as they will photocopy it. They have no legal authority to do so.

They are contractually obliged to check the person they are speaking to is the claimant through all methods of communication (such as on the telephone) and at the start prior to your first interview.

A photo Driving Licence, Passport, Medical Card or Birth Certificate are good methods to determine your identity. The problem is most Flexible New Deal providers wont stop there and validate you but will request a copy of such sensitive documents (this is done without your consent).

You are within your rights to refuse such ID and do a verbal test.

They will ask you questions such as:
* Your full name
* Your full address and postcode
* A contact telephone number
* Your National Insurance number
* Your 3 job areas on your Jobseeker Agreement (JSAg)
* Your last 2 jobs

This is the information they have received from Jobcentre Plus. If you can get it correct (rather basic stuff really) then within a few seconds you will be validated and they will not have the opportunity to store copies of your identity.

As long as you are Actively Seeking Employment (ASE) and your choice of jobs is “reasonable” (the type of work, location and hours) you are free to apply for the jobs that you want to.

The definition of “reasonable” is subject to the local labour market. Hours are unreasonable if they aren’t fulltime – these are subject to your circumstances (commitments and responsibilities) such as if you have caring responsibilities, children to pick up from school etc. Type of work and location subject to your Jobseekers Agreement (JSAg).

Your Flexible New Deal provider should allow you opportunity at the start of the scheme to try YOUR existing job goals with their support. They shouldn’t suggest new routes and other jobs at such stage.

You shouldn’t be forced to apply for unsuitable jobs at any time. Remember to claim Jobseekers Allowance (JSA) you only need to do a minimum of 3 steps per week – for each week you attend your Flexible New Deal provider (whether it is a contact meeting with your adviser, training course, interview, job search or informal meeting with employer engagement manager) that is one step. You are seeking professional jobs advice or support after all. If you have multiple different types of appointments at your Flexible New Deal provider you can count them as different steps. It is best not to rely on them solely… you could be deemed as seeking employment but accused of NOT “actively seeking employment”.

As a general rule of thumb out of the 3 minimum steps – for weeks when you attend Flexible New Deal you should make sure you have 2 steps that aren’t related to Flexible New Deal (such as looking on Jobcentre Plus website, looking at a newspaper, jobpoints etc.) even if you have a few Flexible New Deal steps that exceed the minimum of 3 steps requirement.

Flexible New Deal stage 4 (provider led stage) lasts for 12 months. There is an optional 6 month extension extending this to 18 months.

Source: Flexible New Deal Provider Guidance – Section 01 – An Introduction to the Flexible New Deal, p.4 para 1.28

The Flexible New Deal

1.28. The Flexible New Deal, spans month 13 to month 24/ 30 of the customer’s JSA claim (or month seven to 18/24 for those fast-tracked).

There is no changes to the Jobseeker Allowance (JSA) conditions although any activity where you spend more than 16 hours per week you will be transfered to Training Allowance (TA).

As far as an Flexible New Deal provider is concerned the eligibility criteria is as follows:

Source: Flexible New Deal Provider Guidance – Section 01 – An Introduction to the Flexible New Deal, p.1 para 1.8

1.8. Customers claiming JSA must:
• be available for employment
• have a reasonable chance of finding work in relation to:
o the kind of work they are willing to do;
o where they are willing to work; and,
o the hours they are willing to work.
• be capable of work;
• have a current Jobseeker’s Agreement (JSAg); and,
• be actively seeking employment.

This is when a representative (normally an adviser who will become allocated to you) of the Flexible New Deal provider attends the Jobcentre Plus referral interview.

This is very rare… it gives you the chance to find out about who your adviser will be and to get a date for the initial interview instead of having to wait weeks and receive it through the post.

This arrangement is set through local level. As far as Flexible New Deal Scandal is aware this hasn’t happened so far under Phase 1 of Flexible New Deal (Stage 4).

Source: Flexible New Deal Provider Guidance – Section 02 – Customer Referrals Starts and Allotted Time, p.1 para 2.5

2.5. Please Note: You may, where your delivery model supports it, request the implementation of a ‘warm’ handover process. This will involve contact between JCP, yourselves and the customer at the pre-provision interview giving you the opportunity to inform customers of their initial meeting. This arrangement should be developed between yourselves and JCP at a local level.

Your Flexible New Deal Provider will receive your full name and title, your National Insurance Number, full address, contact telephone number(s), date of referral, whether you are on Flexible New Deal mandatory or not, your remaining time on scheme, whether the Mandatory Work Related Activity (MWRA) period requirement has been fulfilled, whether you have a disability (1) and/or childcare arrangements, your signing arrangements, whether you have had any incidents with Jobcentre Plus (2), whether you speak Welsh, your local Jobcentre Plus Office code, previous Jobcentre Plus personal adviser, your 3 selected job goals, 2 previous jobs and whether you have been fast tracked.

(1) Flexible New Deal providers will not be aware of what your disability is (if any). Providers will see “Person With Disability (PWD)” through referral and you have to notify them of the specific details. Flexible New Deal providers should consult with you to ask if any additional arrangements are applicable for your initial interview and subsequent interviews.

(2) An “incident with Jobcentre Plus” is any threatening or aggressive behaviour (perhaps alleged), any actual assault (regardless of injury) to a member of staff or family member, any attempt to commit an assault, any stalking of a member of staff, any threat of violence (including via writing or on the phone) or any person who suffers from a severe mental illness and a qualified medical practitioner or social worker informs that they are likely to pose a danger to staff (regardless if no actual previous incident has occured).

Your Flexible New Deal provider doesn’t receive a copy of your CV, Jobseekers Allowance claim history, previous Action Plans, customer notes, previous jobs applied for or your Jobseekers Agreement (JSAg). Although not listed below, your Flexible New Deal Provider receives details of your 3 job goals and previous periods of employment (italic above) as is used in proving you are the claimant.

Source 1: Flexible New Deal Provider Guidance – Section 02 – Customer Referrals Starts and Allotted Time, p.4 para 2.13

2.13. In addition to the referral you will also receive customer information from the customer’s JCP action plan. Held within the referral you will receive the following customer information:
• full name (including title);
• National Insurance Number;
• address;
• a contact telephone number and alternate contact number (if available);
• the date of referral;
• if the referral is for a mandatory or non mandatory customer;
• remaining allotted time;
• if the customer has fulfilled their Mandatory Work Related Activity (MWRA) period requirement (Further information regarding the MWRA period can be found in: Section 06 – The Mandatory Work Related Activity period);
• notification if a customer has informed JCP that they have a disability (Please Note: You will be notified that the customer is a Person With Disability (PWD) but you will not be notified what the disability is. PWD customers may require special arrangements when you meet with them (Further information regarding Additional Support can be found in: Section 4 – Provision, Childcare and Additional Support);
• notification if a customer has informed JCP of childcare requirements;
• the customer’s signing arrangements and pattern of attendance;
• notification if a customer has had an incident recorded while working with JCP (further information on incidents can be requested by contacting JCP) (Further information regarding requesting incident information can be found in: Section 10 – Notifications and Changes in Circumstance);
• If the customer is a Welsh language speaker;
• details of the customer’s JCP personal adviser including the customers JCP office code;
• notification if a customer has entered the Supported jobsearch stage of JRFND due to being fast-tracked (customers with a history of claiming benefit (22 of the last 24 months on JSA), or, 18 year olds who have been continuously out of employment, education or training for six months prior to making a claim to benefit or subsequently (If on receiving this information you wish to clarify the reason for the customer being fast tracked, you should contact their JCP office);
• notification if a customer has entered the Supported jobsearch stage of JRFND early.

Source 2: Flexible New Deal Provider Guidance – Section 10 – Notifications and Changes in Circumstance, p.2 para 10.10 (In regards to element 2 above)

10.10. An incident is where a customer:
• has committed an actual physical assault on a member of staff, regardless of injury;
• has committed an actual physical assault on a member of staff’s family, if it can be demonstrated that it is directly connected to the member of staff’s work in the Department;
• has attempted to commit a physical assault;
• stalked a member of staff (which is defined as “the wilful, malicious and repeated following and harassing of another person”);
• suffers from a severe mental illness and a qualified medical practitioner or social worker informs that they are likely to pose a danger to staff ;
• has made a threat of violence either face to face, over the phone or in writing; or,
• has displayed threatening or aggressive behaviour.

On Flexible New Deal you are NOT given an addition £15 like when you were on New Deal.

When you attend Flexible New Deal provider more than 16 hours a week or are on a work placement you are transfered to an “Training Allowance” to relax the Jobseekers Allowance conditions (otherwise you wouldn’t be Available for Work).

There will not be any training (despite the name – apart from perhaps a brief Health and Safety induction) – a Training Allowance is an established type of benefit with less conditions than Jobseekers Allowance.

A Training Allowance will be paid at your full Jobseekers Allowance rate.

You will be able to claim travel costs but these are typically reimbursed afterwards.

Flexible New Deal Providers are obligated to refund your travel costs.

When a Flexible New Deal participant is attending the premises of Flexible New Deal Provider (activities/courses, contact meetings etc.) it is the Flexible New Deal Provider’s responsibility to ensure the Flexible New Deal participant can attend either by reimbursement/pre-payment of travel costs or providing transport.

Travel costs must be reasonable. You cannot request a taxi – you must use the cheapest form of public transport. You may reclaim mileage costs if you drive. You are expected in most cases to walk up to 30 minutes each way if public transport doesn’t stop close to your home or to the premises you are attending.

Source: Flexible New Deal Provider Guidance: Section 04 – Provision Childcare and Additional Support, p.12 para 4.83 and 4.84

Travel expenses for FND activities

4.83. When a customer is attending FND activities (including your customer meetings), it is your responsibility to ensure the customer can attend either providing transport or funding the customers travel costs.

4.84. Please Note: travel expenses you disburse are included within the overall funding received from DWP as part of the overall contract price and is not in addition to the contract price.