Victims of Domestic Violence and Abuse Background 1. The Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2012 came into force on 23 April 2012. They excuse JSA claimants from meeting the labour market conditions: availability; actively seeking employment, having to have a Claimant Commitment (unless they already have one) in certain circumstances, if they tell us they have been subject to domestic violence and abuse in the previous 26 weeks. 2. In addition to the easement of the labour market conditions mentioned above, claimants can also be excused from attending work search reviews for any agreed easement period 3. There are two elements to the new easement:  an initial 4 week period starting on the day the person notifies Jobcentre Plus in the required way that they have been threatened with or subject to actual domestic violence and abuse; and  the facility to extend the initial easement to 13 weeks upon production to Jobcentre Plus of written evidence by the claimant during the initial 4 week period. If the evidence is produced, the 13 week period will begin on the same date as the 4 week period. 4. This purpose of the easement is to give the claimant time to resolve any immediate issues arising from the domestic violence and abuse, such as finding new accommodation, changing children’s schools or getting legal advice etc.

Who is eligible? 5. Anyone making a new claim for JSA or already receiving JSA who tells Jobcentre Plus that they have been a victim of actual or threatened domestic violence and abuse is eligible for the initial 4 week easement as long as:  the incident of domestic violence and abuse occurred within the previous 26 weeks; and  it meets the definition of domestic violence and abuse; and  they are not living at the same address as the abuser; and  they have not had a previous domestic violence and abuse easement within the last 12 months 6. If all these factors apply the claimant is entitled to the initial 4 week easement from the date they first mention the violence and abuse to Jobcentre Plus in the required way. This is a right rather than being at the adviser’s discretion like most of the other easements such as domestic emergency.

What is the easement? 7. The easement is a complete relaxation of the JSA conditionality rules. This means that for the period of the easement, claimants do not have to:  be available for work;  be actively seeking work;  enter into a Claimant Commitment or be bound by the content of any existing Claimant Commitment;

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attend work search reviews or ‘sign-on’; attend any form of Work Coach interview; participate (or be referred to) the Work Programme or other employment scheme of any description. 8. Once the claimant fulfils the requirements for the award of the easement, it is their right to have it granted. The award of the easement is not at the discretion of the Work Coach.

What is domestic violence and abuse? 9. The Government definition of domestic violence and abuse is: Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse:  Physical this can include: Shaking, smacking, punching, kicking, presence of finger or bite marks, bruising, starving, tying up, stabbing, suffocation, throwing things, using objects as weapons, genital mutilation, ‘honour violence’. Physical effects are often in areas of the body that are covered and hidden (i.e. breasts, legs and stomach).  Sexual, such as: Forced sex, forced prostitution, ignoring religious prohibitions about sex, refusal to practise safe sex, sexual insults, passing on sexually transmitted diseases, preventing breastfeeding.  Psychological, including: Intimidation, insulting, isolating the person from friends and family, criticising, denying the abuse, treating the person as an inferior, threatening to harm children or take them away, forced marriage.  Financial, such as: Not letting the person work, undermining efforts to find work or study, refusing to give money, asking for an explanation of how every penny is spent, making the person beg for money, gambling, not paying bills.  Emotional, including: Swearing, undermining confidence, making racist, sexist or other derogatory remarks, making the person feel unattractive, calling the person stupid or useless, eroding the person’s independence. 10. Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. 11. Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim 12. This definition includes so called 'honour’ based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group. 13. The easement applies in relation to domestic violence and abuse (actual or threat of) by the claimants current or former partner(s), or by certain family members of the claimant, their partner or former partner. Step relatives are also included as family members.

What should happen when a claimant says they have been subject to domestic violence and abuse? 14. A claimant is considered to have notified Jobcentre Plus in the required way for the purpose of accessing the 4 week easement period when they formally state that they have been a victim of domestic violence and abuse in a face-to-face interview with a Work Coach. The 4 week easement period starts on this date, provided the other conditions are met. 15. A claimant may also notify Jobcentre Plus that they have been a victim of domestic violence and abuse at other times such as at a work search review or new claim telephone interview or at any other contact with Jobcentre Plus (not exhaustive). This notification is not considered to be in the required way for the purpose of accessing the 4 week easement period and the claimant must be referred for an urgent appointment with a Work Coach. 16. When the claimant mentions they have been a victim of domestic violence and abuse, they need to see a Work Coach to have the domestic violence and abuse easement explained to them and to be told what evidence is required from them to get the full 13 week easement applied. This is because Work Coach training covers dealing with vulnerable people and sensitive situations. 17. The Work Coach may wish to consider if it is appropriate to offer the claimant a private interview room. 18. The Work Coach must take the opportunity to signpost the claimant to any other possible help. 19. If the claimant has access to the internet, they should be signposted to the Gov.uk website to enable them to get the expert help and advice they need. Details can be printed from the site and issued to the claimant as appropriate. 20. The following is a list of organisations available that may be able to assist the claimant:  The National Domestic Violence Helpline – is run jointly by Women’s Aid and Respect and is a 24 hour, free phone national service. You can contact the National Domestic Violence Helpline on: 0808 2000 247 or http://www.nationaldomesticviolencehelpline.org.uk/  Broken Rainbow – provides information, advice and support to gay men, lesbians, bisexuals and transgender populations who may also being affected by domestic violence and abuse. You can contact Broken Rainbow on 0303 999 5428 or http://www.brokenrainbow.org.uk/  The National Stalking Helpline - provides guidance and information to anybody who is currently or has previously been affected by harassment or stalking. You can contact the National Stalking Helpline on 0808 802 0300 or e-mail [email protected]  Male Advice (and Enquiry) Line - offers help to male victims of domestic violence and abuse and advice to perpetrators. You can contact the Men’s Advice (and Enquiry) Line on: 0808 801 0327 or at www.mensadviceline.org.uk.

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RESPECT - offers information and advice to people who are abusive towards their partners and want help to stop. You can contact respect on: 0808 8024040 or http://www.respect.uk.net/ Note: this list is not exhaustive, and there may also be local organisations available so Work Coaches should check: 21. If, as part of first contact the claimant mentions domestic violence and abuse as the reason why they wish to claim or that they cannot meet JSA conditionality for this reason, the contact centre agent must not pursue this or say anything about the domestic violence and abuse easement. However they will record the discussion within the claimants LMS conversations so that it can be picked-up by the Work Coach at the IWSI. 22. From the date of first notification in the required way to Jobcentre Plus, the claimant has 4 weeks to provide relevant evidence of domestic violence and abuse if they wish to extend an easement up to 13 weeks. The appointment with the Work Coach should be arranged urgently to ensure that the 4 week easement period begins as soon as possible. However, if a claimant first notifies Jobcentre Plus that they have been a victim of domestic violence and abuse and the first date that they can be seen by a Work Coach will take them past the 26 week time limit, then the date of first notification should be treated as being in the ‘required way’ For example:  Claimant last suffers domestic violence and abuse on 1st January 2012  Mentions domestic violence and abuse at a work search review 29th June 2012.  Work Coach appointment booked for 4th July 2012 (more than 26 weeks since last incident  In this scenario, the claimant will be treated as having notified Jobcentre Plus on 29th June 2012 and the 4 week easement will begin on this day.

Relevant evidence 23. Relevant evidence means written evidence from a person acting in an official capacity showing that;  The claimant’s circumstances are consistent with those of a person who has had domestic violence and abuse inflicted upon them or threatened during the 26 weeks prior to the claimant notifying Jobcentre Plus or  The claimant has made contact with the person acting in an official capacity in relation to such an incident, which occurred during that period. 24. A person “acting in an official capacity” means a health care professional, a police officer, a registered social worker, the claimant’s employer or a representative of their trade union or any public, voluntary or charitable body which has had direct contact with the claimant in connection with domestic violence and abuse.

The 4 week easement 25. This will run from the date the claimant first notifies the domestic violence and abuse to Jobcentre Plus in the required way, and will continue for 4 weeks.

Easement Application form. 26. Form DV1 (Welsh version DV1W) is for the claimant to register the incidence of domestic violence and abuse and claim the initial four-week easement from the jobseeking conditions. Form DV2 (Welsh version DV2W) is for the claimant to provide supporting third party evidence should they wish to extend this up to 13 weeks. 27. If the claimant produces alternative documentation for example a police report or similar, the adviser should investigate whether it contains all of the information required for the claimant to access the easement. If it does then the DV2 can be completed using this information and the alternative evidence. A copy of the evidence should be taken and attached to the DV2. 28. If the claimant considers it to be unsafe to return to their home area the adviser must explain that there is no specific requirement for them to do this to obtain the evidence required on the DV2 as the form can be completed by post or evidence provided by email for example, or the claimant may be able to obtain evidence from persons in an official capacity in a different area. 29. Where a claimant is not able to, or does not wish to, obtain relevant evidence, they will not be entitled to the domestic violence and abuse easement and may need to rely on the domestic emergency exemption instead, if appropriate. 30. The Work Coach must enter on the DV2 (Welsh version DV2W) form:  the 4 week date by which the form has to be returned, and  in the declaration field, the date that the claimant first notified Jobcentre Plus in the required way that they are a victim of domestic violence and abuse, and  also complete the official use box with Work Coaches name & telephone number. 31. The DV1 and DV2 forms must only be issued as part of an intervention interview at which the conditions and requirements are explained. 32. As victims of domestic violence and abuse will be under significant emotional stress, Work Coaches must be sensitive when requesting the evidence required.

Third party evidence received 33. As long as the claimant provides suitable evidence within the initial 4 week period, the easement can continue for the full 13 weeks.

Third party evidence not received 34. Where a claimant is not able to, or does not want to, obtain third party evidence they will not be entitled to the full 13 week extension of the domestic violence and abuse easement and only the 4 week easement can be granted. In these situations the claimant may need to rely on the domestic emergency exemption instead.

Action to take once easement granted 35. Once the four week easement period had been granted;  set a work flow on LMS to mature 3 weeks from the start of the 4 week easement period;

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ask claimant for their personal mobile telephone number or available contact number;  book claimant a Work Coach interview for week 4 of the easement period to review the Claimant Commitment or extend easement period to 13 weeks (if form DV2 is completed or alternative evidence is supplied);  send notification to the BDC to input dialogue JA091 for a 4 week period. 36. When the workflow matures, contact the claimant to remind them to  return form DV2 by the due date if they wish to extend the easement period (if they have not already done so) or  attend the pre-arranged Work Coach interview 37. If form DV2 (Welsh version DV2W) is completed and returned:  set a work flow on LMS to mature at week 12 of the easement period to make an appointment to see the claimant as JSA conditionality rules are reactivated. A Claimant Commitment must be reviewed/agreed and work search reviews arranged/recommenced  Send notification to the BDC to input dialogue JA091 for a further 9 weeks. 38. Once a period of easement has been set, annotate the claimants LMU to show they have been granted a period where they can be classed as available etc. Failure to do so may result in the claimant being seen as FTA, with the result that their claim may be closed down in error 39. Complete form ES673JP and attach to the front of the claimants LMU. Initially the ‘Treat as available’ box will be completed with the 4 week easement period. If/when form DV2 is returned a new form should be completed and attached to the LMU showing the full 13 week easement period. 40. Send notification to BDC to input dialogue JA091 for the period of easement. 41. The 4/13-week easement will only be available once in any 12 month period and subject to paragraph 40 the period will run for 4 or 13 weeks consecutively whether or not the claimant is entitled to JSA for the whole of that period. 42. After the initial 4 week period, if the claimant has provided the relevant evidence, they can ask for the remaining period of the easement to be suspended if they wish to meet full JSA conditionality or stop claiming JSA for a period of time. If this happens the remaining weeks of the easement can be ‘banked’ and may be used subsequently but only within 12 months from the date they first notified Jobcentre Plus of domestic violence and abuse in the required way. 43. Once the easement has been awarded it will remain in force even if the claimant moves into the home of their abuser. 44. Remind the claimant of the importance of notifying the Jobcentre of any change of circumstances, especially if they change their address.

Payment of JSA during easement period. 45. Once BDC have input JA091, claimants will be paid their JSA throughout the easement period without having to attend the Jobcentre to sign on. There is no need for input of dialogue JA470 each fortnight. For information when

the BDC input dialogue 91 to process automatic payments, they will use ‘Period of Temporary Unavailability’ and will use code 11 for ‘Emergency Duties’. Although this is obviously not applicable for these claimants, this is the only code that has no restrictions on it’s use and is therefore the only one suitable for this purpose.

LMS Action & MI 46. To collect MI on these cases there are DV pilot markers on LMS. They are:  DOMESTIC VIOLENCE– 4 weeks allowed  DOMESTIC VIOLENCE- No evidence provided  DOMESTIC VIOLENCE- 9 weeks allowed  DOMESTIC VIOLENCE- full 13 weeks taken  DOMESTIC VIOLENCE- Domestic emergency  No longer required 47. Work Coaches must ensure they are using the appropriate marker to ensure relevant MI is collected: LMS Marker Value Set when DOMESTIC VIOLENCE– 4 weeks allowed

This should be used when the claimant is granted the initial 4 weeks easement DOMESTIC VIOLENCE- No evidence This should be used if the claimant provided does not return the DV2 (or other evidence of the Domestic Violence and Abuse) within the initial 4 weeks easement DOMESTIC VIOLENCE- 9 weeks This should be used when the allowed claimant is granted the full DV easement DOMESTIC VIOLENCE- full 13 This should be used when at the end weeks taken of the 13 week period DOMESTIC VIOLENCE- Domestic This should be used when a emergency Domestic Emergency easement has been granted either instead of the Domestic Violence and Abuse easement or at the end of one No longer required This should be used when an easement has been awarded but the claimant no longer wishes to make use of it

End of easement period approaching. 48. When an LMS workflow matures, the Work Coach must contact the customer to remind them of their next attendance date. Claimants who live in a refuge may not be able to give contact details of the place where they are living. In these cases ask the claimant for a personal mobile telephone number or a ‘care of address’ which can be used.

Extensions to the easement period It is anticipated that the 13 week easement will be sufficient in most instances and only one 13 week easement is permitted in any 12 month period. 50. However, in extreme cases it may be necessary to extend the easement period using the current easements for domestic emergencies, if appropriate. 49.

Easements and Opportunities 51. These easements will also apply to training opportunities available in both pre Work Programme activities as well as Work Programme itself in that there will be a suspension of the jobseeking conditions. However, it will not affect the overall duration of Work Programme support which is provided for 2 years from referral to the programme. 52. If Providers identify that participants may be victims of domestic violence and abuse and because of this, are unable to meet their responsibilities to the programme, they should advise the claimant to contact their Work Coach straightaway. 53. Jobcentre Plus will notify the provider in writing if the domestic violence and abuse easement applies using the WP07 (change of circumstances) form. The provider should be notified of the following:  that the easement is for 4 or 13 weeks as appropriate;  start date of the easement;  anticipated end date of the easement  reason for ending (i.e. the easement reached full term; no evidence provided by the end of the fourth week, claimant no longer wishes to avail themselves of the easement etc)  if the easement ended before the anticipated date, the revised date. 54. A claimant stating that they are a victim of domestic violence and abuse should not be referred to the Work Programme or to any other employment programme or scheme until either the end of their 13 week easement period or after the end of the initial 4 week notification period if they fail to provide supporting evidence within that period.

Migrant victims of domestic violence and abuse 55. From 1 April 2012, individuals who entered the UK or were given leave to remain in the UK as a spouse, civil partner, unmarried or same sex partner of a British Citizen or someone present in the UK, and whose relationship has broken down due to domestic violence and abuse, can apply to the UK Border Agency (UKBA) for limited leave to remain under the Destitute Domestic Violence (DDV) concession. The limited leave to remain will apply for 3 months pending consideration of their application for indefinite leave to remain under the Domestic Violence and Abuse Immigration Rule. 56. Those individuals who have been granted limited leave to remain by the UKBA under the DDV concession have a right to work in the UK during the period of the limited leave to remain, and are therefore able to claim JSA. 57. A migrant victim of domestic violence and abuse can claim JSA for the 3 month period of limited leave to remain, as long as they comply with the JSA conditions of entitlement, including being available for and actively seeking employment.

58. However, as a victim of domestic violence and abuse, the claimant may be able to take advantage of the conditionality easements available to them under the domestic emergency or domestic violence and abuse provisions. They will still however need to provide the additional evidence required to claim the full 13 week easement. 59. It should be clearly explained to the claimant that they need to notify Jobcentre Plus urgently if their immigration status changes, i.e. they are granted indefinite leave to remain or are not granted indefinite leave to remain and choose to appeal the decision. 60. Individuals who choose to make a claim to JSA must confirm that they have been granted limited leave to remain under the DDV provision by providing a Home Office decision letter. 61. Further information around the actions to take at the end of the limited leave to remain period, or if the claimant is granted indefinite leave to remain is available within the Availability and Actively Seeking Employment chapter of the Labour Market Conditions Guide.

Leaving Voluntarily 62. If a claimant states that they left their last employment due to being a victim of domestic violence and abuse and they otherwise meet the criteria for the award of the full 13 week conditionality easement, they can be treated as having good reason for leaving and no LMDM referral would be required. 63. ES84 should be completed. 64. If for any reason, the easement is not able to be awarded or there are any other additional reasons for leaving listed on the ES84, the case should be referred to the LMDM for determination.