[Solved] Do I have to do 40 Hours Job search per week with Universal Credit ?  

 

0

Everyone says you do, but what is the real answer ?

Practising Anarchist, Pacifist and Minimalist.

The number of hours each person is expected to carry out work search on Universal Credit are not fixed.

Generally there is a expectation of 35 hours per week but that may change due to individual circumstances.

The job search requirement in Universal Credit is prescribed within the Universal Credit Regulations (2013), specifically regulations 88 and 95(1).

http://www.legislation.gov.uk/uksi/2013/376/pdfs/uksi_20130376_290216_en.
pdf  

2

The number of hours each person is expected to carry out work search on Universal Credit are not fixed.

Generally there is a expectation of 35 hours per week but that may change due to individual circumstances.

The job search requirement in Universal Credit is prescribed within the Universal Credit Regulations (2013), specifically regulations 88 and 95(1).

Regulation 88

Expected hours
88.—(1) The “expected number of hours per week” in relation to a claimant for the purposes of determining their individual threshold in regulation 90 or for the purposes of regulation 95 or 97 is 35 unless some lesser number of hours applies under paragraph (2).

(2) The lesser number of hours is–(a) where–Supplement No. 113 [Dec 2015]
The Law Relating to Social Security 14.6073SI 2013/376
UNIVERSAL CREDIT REGULATIONS 2013

Regs. 88-90
(i) the claimant is a relevant carer, a responsible carer or a responsible foster parent, and (ii) the Secretary of State is satisfied that the claimant has reasonable prospects of obtaining paid work, the number of hours that the Secretary of State considers is compatible with those
caring responsibilities;
(b) where the claimant is a responsible carer for a child under the age of 13, the number of hours that the Secretary of State considers is compatible with the child’s normal school hours (including the normal time it takes the child to travel to and from school); or (c) where the claimant has a physical or mental impairment, the number of hours that the Secretary of State considers is reasonable in light of the impairment.

Regulation 95(1)

Work search requirement - all reasonable action
95.—(1) A claimant is to be treated as not having complied with a work search
requirement to take all reasonable action for the purpose of obtaining paid work in
any week unless–
(a) either–
(i) the time which the claimant spends taking action for the purpose of
obtaining paid work is at least the claimant’s expected number of hours
per week minus any relevant deductions, or
(ii) the Secretary of State is satisfied that the claimant has taken all reasonable
action for the purpose of obtaining paid work despite the number of
hours that the claimant spends taking such action being lower than the
expected number of hours per week; and
(b) that action gives the claimant the best prospects of obtaining work.
(2) In this regulation “relevant deductions” means the total of any time agreed by
the Secretary of State–
(a) for the claimant to carry out paid work, voluntary work, a work preparation
requirement, or voluntary work preparation in that week; or
(b) for the claimant to deal with temporary childcare responsibilities, a domestic
emergency, funeral arrangements or other temporary circumstances.
(3) For the purpose of paragraph (2)(a) the time agreed by the Secretary of State for
the claimant to carry out voluntary work must not exceed 50% of the claimant’s
expected number of hours per week.
(4) “Voluntary work preparation” means particular action taken by a claimant and
agreed by the Secretary of State for the purpose of making it more likely that the
claimant will obtain paid work, but which is not specified by the Secretary of State as
a work preparation requirement under section 16 of the Act.

http://www.legislation.gov.uk/uksi/2013/376/pdfs/uksi_20130376_290216_en.pdf   

However a point to note here is 35 hours may be a expectation but circumstances may mean you fail to meet that expectation but if you undertook all reasonable work search action given the circumstances then a benefit doubt should not be raised

A recent Upper Tribunal decision

' 24. The fundamental error of law by the First-tier Tribunal was to proceed on the basis that the 35 hour work search requirement was immutable. It was not.'

He continues:

'31. Thus regulation 95 does not mean that a failure to engage in work search for 35 hours a week necessarily leads to a finding that the claimant has failed to comply with the work search requirement.'

The judgement

“The Appellant’s appeals are allowed.
The Secretary of State’s decisions of 17 October 2016 are both revised.
The Appellant undertook all reasonable work search action for the periods
04/07/2016 to 10/07/2016 and 11/07/2016 to 17/07/2016. It follows that the two
medium-level sanctions of 28 days each should not have been imposed.

http://www.bailii.org/uk/cases/UKUT/AAC/...

Practising Anarchist, Pacifist and Minimalist.

 

Your Answer


  
Share:
  
Working

Please Login or Register