James Purnell indicated during the second reading of the Welfare Reform Bill that he was prepared to look at a Claimants’ Charter.
The following Charter has been put together by Disability Alliance, CPAG, Gingerbread, CAB.
Draft Claimants’ Charter – key principles
This draft Claimants’ Charter is intended to represent the first step in the development of a scheme to protect benefit claimants in their dealings with public, private and third sector welfare to work employment services. Additionally, it intends to provide clear criteria against which the performance of such services can be measured beyond simple employment outcomes. It is a discussion document and we welcome comments on the content. It is not intended to replace or remove any statutory powers of review or appeal from benefit claimants.
Key to the effectiveness of the Claimants’ Charter is the existence of an independent Employment Services Ombudsman, responsible for ensuring that the Charter is upheld across Jobcentre Plus and contracted out services. The Ombudsman would not replace existing appeal rights, but would deal with disputes between claimants and Jobcentre Plus, or between claimants and private or third sector providers of welfare to work services. All providers engaged in Government contracts would be required to belong to the scheme.
We would expect the Claimants’ Charter to include the following key areas:
1. A copy of the Charter should be given to each claimant at their initial contact with Jobcentre Plus, together with information about the independent Employment Services Ombudsman.
2. Claimants who are not in employment should not expect to live below the poverty line as a consequence of claiming benefits. Jobcentre Plus and providers of contracted out services must work with claimants to maximise their income by ensuring full take-up of benefit entitlements.
3. Claimants must be treated with dignity and respect and not subject to degrading or discriminatory treatment in any of their interactions with Jobcentre Plus and external providers of services, including taking steps to meet disabled people’s needs, even if this requires more favourable treatment as required under the Disability Equality Duty.
4. During the first interview with Jobcentre Plus, claimants must be informed of, and given appropriate and accessible information about, the conditions of their benefit claim as well as the consequences of failing to meet those conditions. This information could be incorporated with that currently given to claimants about requirements to report changes.
5. Claimants can expect to have their claims for benefits, as well as changes of circumstances, dealt with in a timely and accurate manner, with the ability to monitor progress of claims free of any telephone charges. Claimants who have difficulties using the telephone must be entitled to a face to face service.
6. Claimants must have an opportunity to appeal against a decision to reduce their benefit in the form of a sanction and should be clearly advised of this right before a sanction is applied.
7. Claimants are entitled to high-quality, individually tailored support, based on their needs and aspirations, and must be given access to services that will improve their ability to enter good quality, sustainable work, including education, training, condition management programmes, treatment programmes and legal support in instances of employer discrimination.
8. Claimants must be made aware of, and advised on, all of the support for training, childcare, transport and interview costs that they are entitled to receive. Claimants shall not be required to participate in an activity which would otherwise be a condition of benefit entitlement if appropriate childcare, or other reasonable support required to participate is not available, nor if participation would exacerbate health conditions.
9. Claimants should not be required to take part in activities for which it would be reasonable to expect payment, unless they receive compensation for that activity in line with the National Minimum Wage. Activities for which it would not be reasonable to expect payment, except for expenses, include voluntary work, limited periods of work experience, work trials etc.
10. Claimants must be able to access free, independent and appropriate advice in relation to all of the above. The Government has the duty to advise how claimants can access independent advice.
