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    • Judicial Review 2018
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How to apply for AtW, a new application or Renewal, in BSL or English

1/10/2020

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You can now make a new AtW Application, or apply for for your AtW Renewal online.  

https://www.gov.uk/access-to-work/apply

https://www.gov.uk/access-to-work/renew

You can do this online in English, or scroll down the Communication Support for Interview page until you see "British Sign Language (BSL) video relay service".  (See screenshot below)

If you use the video relay service (in ATW working hours) you will be connected through a BSL interpreter to an ATW adviser, who will complete the online application with you.  

If you have any problems, email SignVideo at [email protected]

If you haven’t used this before, then first watch this video that explain how to use the service (in BSL and English).  It may look complicated, but isn't really.

Click here to watch the video on YouTube.

DeafATW recommends that at the end of your call with AtW, you ask the AtW call centre or AtW Adviser to send you an email summarising what has been discussed and agreed.  

You should also keep notes of the what was said and agreed on the call.  This is in case later the AtW Adviser says something different has been agreed.
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How to apply to AtW (also useful to think about if asking for an AtW review).  Also what you may want ask for or explain.

1/10/2020

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28th November 2018

BATOD asked me to write an article and guide for deaf school leavers about what is AtW, what AtW can pay for, and how to apply to AtW.  As they contain information that may be useful to any deaf people applying for AtW, you can also download them here on DeafATW. The information is useful whether you use BSL and/or English. You can share them with any deaf friends or colleagues that you think may find them useful.  

Download "What is AtW?" article here. Remember that it is written for deaf school leavers, so also talks about some things relevant to them, e.g. thinking about future work.

​Download "How to apply for AtW" guide here. This takes you step by step through the AtW online application process, but also talks about the things you may want to ask for or explain AtW online or in the paper application, and how to avoid common mistakes. If you see that the online process has changed, please let me know, so that I can update this resource.
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How to apply to AtW for Communication Support at Interview in BSL or English

1/10/2020

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7th August 2019

You can now apply for Communication Support for Interviews (CSI) online.  You can do this online in English, or scroll down the Communication Support for Interview page until you see "British Sign Language (BSL) video relay service".  (See screenshot below)

If you use the video relay service (in ATW working hours) you will be connected through a BSL interpreter to an ATW adviser, who will complete the online application with you.  You can also now fill in the claim form in BSL the same way, through an interpreter.

Go to the DeafATW for interviews page for full information about applying for CSI, including:

  • What you need to do, and what information you need to have ready so that you can apply.
  • What happens, and what you need to do, after you apply.

Or click here to download all the information, including screenshots of the online application process.
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You can complain to AtW in BSL - read below how to do it

1/10/2020

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30th July 2019

If Deaf people need to complain about Access to Work, they can do this using BSL in two ways.
 
(1)  Click on the link for the Video Relay Service, on the apply pages on Gov.uk:  https://www.gov.uk/access-to-work/apply. This will connect you to the interpreter.  (See screenshot below).
 
When you get through to the Access to Work Enquiry line, let them know that you want to make a complaint.  They will take details of your complaint, and pass it on to the AtW Complaints Team.
 
(2)  If you have received emails from an AtW advisor then there will be a link and 4 digit number at the bottom of the email.  
 
If you click on this link you will be connected to the Video Relay Service.  Give the interpreter the four digit number from the email, and they will connect you to the AtW adviser. Tell the adviser that you want to make a complaint. 
 
DWP are making BSL videos about the AtW Reconsideration and Complaints procedures that should be available by the end of the year.

Please let DeafATW know if you try to make a complaint in BSL.  
  • Does complaining in BSL work?  
  • Does your complaint get investigated properly?  
  • Are their problems?
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When do interpreters (etc.) need to provide Unique Tax Reference (UTR) numbers for ATW?

1/10/2020

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30th July 2019

​​If the SW is self-employed and is supplying their own invoice for payment then AtW should have a record of their UTR number on the customer’s file, which is securely filed and can only be viewed by AtW staff.  They should mot ask for it, and do not need it, to be added to the interpreter's invoice.  Interpreters who work through their own Ltd company won't have a UTR.
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What information do ATW need to make sure that Support Workers (interpreters etc.) get paid?

1/10/2020

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​14th March 2019

Some people are confused about what information they need to send to ATW about their Support (Worker (SW), to make sure that the interpreter is paid, because the way that ATW explain what they need is not always clear.  This is a summary of what ATW are asking for.  Click below to read more information about this.

For freelance SWs booked direct ATW need you to send them:
 
1)  A completed SW claim form.
2)  Original SW invoice/s (attached to the claim form).
 
For SWs booked through an agency ATW need you to send them:
 
1)  A completed SW claim form.
2)  Original agency invoice/s (attached to the claim form)
3)  A time sheet signed by the SW. (The timesheet is not an ATW form, it is your form.  Download the document below for more information.)

Click here to download a plain English explanation of what ATW need.  
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ATW cap increasing to £59,200 from 1st April 2019

1/10/2020

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13th February 2019

The ATW cap (maximum award / budget) is worked out as 2 x the National Average Salary (NAS).  If the National Average Salary goes up, then the ATW cap goes up too.

The old cap from April 2018 to March 2019 was £57,200.

​The new cap from April 2019 to March 2020 is £59,200.  (This is an increase of just under 3.5%)

Click here to read the DWP press release about this.

Click here to read Graea's statement about this and the impact of the cap on their CEO's work.
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Work Place Assessments - Work Place Assessors CAN recommend communication support as well as equipment

1/10/2020

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24th October 2018

​Deaf people have told DeafATW that when they have a Workplace Assessment the assessor has said that they can only make recommendations about equipment, and not about communication support. This is frustrating, as deaf BSL users often only need communication support (face to face and/or remote), and deaf English users may need equipment, but often also need communication support (such as remote speech to text).

But the DWP has said that this is not right, Workplace Assessors can make recommendations about communication support as well as equipment.

However Workplace Assessors can only recommend the number of hours support needed if the AtW Adviser has asked them to do this.  

If the Workplace Assessor does recommend a number of hours, it is only a recommendation, and the AtW Adviser may award more, the same, or less hours, depending on their overall assessment of needs.

If you have a Workplace Assessment, and the Assessor tells you either that they can only recommend  equipment, or that they can’t recommend communication support, please let DeafATW know, and we can tell AtW.  ​
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AtW and Pooled agreements - You can choose to be in a pooled agreement, or choose just to manage your own budget.

1/10/2020

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12th March 2017

If an employer or business has several Deaf staff, they may think it is better to have everyone's AtW awards put in one pot together, i.e. pooled.  

This may make administration easier, e.g. with all of the bookings going through one agency; or make it possible to have freelance or staff interpreters available in house for all Deaf staff as needed.

However, Deaf people don't always agree that their AtW award should be pooled in this way.  For example, they may want to book interpreters directly who meet their specific needs, may not want to go through an agency because they feel they have less control over who is booked, may feel they have less access to interpreters when they need them, etc.  

So DeafATW has clarified with DWP whether Deaf people can choose to be part of a pooled scheme or not.  DWP have said:

"If the customer feels their currently agreed support isn’t sufficient, they can make a Change of circumstances application through the Contact Centre. They do not need permission from their employer and the adviser would be able to sort out the pooled support issue if there was an impact."

In other words, you can be part of pooled support if you think it is a good idea.  But if you think pooled support does not meet your needs, then:

1)  You can contact the AtW contact centre and let them know you need to make a change of circumstances application.

2)  You need to explain why your current pooled support does not meet your needs. 


3)  Because your AtW award is an individual award to meet your needs, even if your employer would prefer you were part of a pooled system, they can't tell you that you have to be part of the pooled system.  

4)  If you have problems with this, your AtW adviser can help sort this out with your employer.

​Any questions or problems with this, please contact DeafATW.
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AtW do not have fixed pay rates for interpreters and CSW

1/10/2020

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20th April 2016

NUBSLI made a Freedom of Information request about the pay rates for interpreters and CSWs that they use when working out awards for Deaf people.

The answer was that AtW "does not have set pay rates for BSL/English interpreting and CSW support for Deaf and deafblind people.

Access to Work advisers, in discussion with the customer would establish both the level and type of support required and source this from within the area where they are working and do so on the best value for money basis."

So if an AtW adviser tells you that the award is based on a fee that you know is too low for your area, you can challenge them, and show them the DWP's answer to the FoI request.  They should be allowing you to send in questes so you can show what the market rate is for your area.

Click here to read the full NUBSLI post.
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When AtW make awards, either Advisers or after a Reconsideration, ask them to EXPLAIN their decisions

1/10/2020

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18th March 2016

If AtW make a decision that doesn't make sense to you, then ask them to explain how they made the decision.  If they still don't explain, ask again, and again, and again (!), until they do.  

Questions you can ask them include:
  • Please explain the detailed reasons for your decision.
  • What information did you consider in reaching your decision?
  • Can you explained how you reached the view that this support would meet my minimum needs?

​AtW advisers can make choices in what they decide, but they have to have a reason for those choices, they can't just make things up, or make decisions with no reason.  Because they are a public service decision maker they are obliged (have to) tell you their reasons for their decisions.

If the AtW adviser doesn't answer your question, or says that you have to do something, then just write back and ask them again.  And again.  Etc.

If they refuse, or ignore you, then you should complain to AtW.

Read "Never give up - An AtW success story" below about how this can work.
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Never give up - an AtW success story

1/10/2020

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18th March 2016

​Sometimes it can feel really hard to sort things out with AtW.  Especially if it feels like AtW won't listen to you.

This is a true story (I have changed some of the details to keep it anonymous) of someone who didn't give up, and got what they need in the end.

Hannah is a BSL user who works with hearing children.  She applied to AtW and said she needed 22 hours CSW support.
 
At first, AtW said that the CSW would be doing Hannah’s job for her, so AtW would not support her.  Hannah asked the AtW adviser how the CSW would be doing her job instead of her, but the adviser never answered that question.  

The adviser wouldn't change the decision, so Hannah asked AtW to reconsider the decision.  The reconsideration decision said that they agreed with the adviser's decision, and would not change it.

So Hannah made a complaint to AtW, because they had not explained how the CSW would be doing her job, but they did not reply for 4 months.  She chased them 5 times, but they still didn't investigate her complaint.  So she wrote to her MP.  Her MP chased AtW, and they said they would investigate her complaint that week.  They still didn't.  So Hannah complained to the PHSO.
 
The PHSO agreed with Hannah that AtW had got it wrong. They asked AtW to go back and make the decision again.

This time, the AtW adviser decided that Hannah only needed 10 hours’ support a week, even though she had said 22 hours was what she needed to be able to do her job.

Hannah asked the AtW adviser to explain how they decided 10 hours would be enough. The adviser did not not explain this, but asked Hannah for more information.

Hannah gave the adviser the information they asked for, and also asked the adviser to explained how they had reached the view that this support would meet her minimum needs.  The adviser didn't answer the question, and said that Hannah needed to explain why she needed 22 hours.  

Hannah wrote back and asked the adviser again to explained how they had reached the view that this support would meet her minimum needs.  The adviser again replied, and didn't answer the question.  This carried on for two months, Hannah just writing back and asking them the same question, and explaining that the adviser did need to answer the question about how they had made their decision.  

Hannah really felt like giving up, but she didn't.  

Then after 2 months, the AtW adviser wrote to Hannah and said they 
agreed to give her the 22 hours she had asked for.  Success at last.
 
The important thing Hannah did was not to give up, or get cross, even when she was very frustrated and fed up.  AtW had not explained why they thought 10 hours was enough, so Hannah made sure she kept repeating that question.  Because AtW could not explain their decision, they agreed to her request.

So if you feel like giving up, remember this story.  It may take time, and patience, but you can get there in the end.
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Ask for additional hours (face to face interpreting, etc.) or minutes (remote interpreting) to use when needed

1/10/2020

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18th March 2016

Some people have enough AtW support for most of the time, but for some months find they don't have enough hours for face to face interpreting, or enough minutes for remote interpreting (e.g. SignVideo).

This may be because they have extra training at work one month, or have a lot of calls to make, etc.

To help with this, some people have told DeafATW that they have agreed additional (extra) hours (face to face) or minutes (VRI / VRS) to be used when needed, on top of their monthly allowance.  For example, an extra 50 hours of interpreting for the year to be used when needed, or an extra 120 minutes VRS/VRI.

This can make things easier for you, and for AtW, because you don't have to keep asking for extra support.

Let DeafATW know if you are able to agree this, or if you have problems.
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'Deadweight' does not apply if you have had help from family or friends

1/10/2020

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18th March 2016

AtW guidance at the moment says that if you have help from friends and family with interpreting, for example. supporting you with communication if you are self-employed, then AtW can say no to helping you, because you already have communication support.

But really deadweight was meant to stop employers who are already paying for interpreters (etc) from deciding not to pay and asking AtW to start paying instead.

DWP have realised that this was a mistake (thanks) and have changed this.  

​So from the 1st April 2016, ‘deadweight’ rules will be changed to say that it doesn't matter if you have had support from relatives or friends. 

If you have a problem with this, please contact DeafATW, and we will send you more information.
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You CAN complain after a Reconsideration decision

1/8/2020

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7th November 2015

If you ask for a reconsideration, when AtW reply they say something like "This decision is final and there is no further review process within Access to work. As your continued dissatisfaction relates to our policy, guidance and the decision we have given you, we are unable to escalate this issue any further on your behalf".  

Many Deaf people think this means they can't complain.  This is not true.  If you think AtW have not assessed your needs properly, or have made mistakes in their decision, etc. then you can complain.

If you aren't sure how to complain, contact DeafATW.
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Need two interpreters?  Need note taking support?

1/8/2020

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7th November 2015

AtW have told many Deaf people that they will not pay for two interpreters for meetings, even though the current AtW Guidance says that two interpreters should be used for meeting of over two hours.

Some Deaf people have also told us that AtW have agreed a budget for using two interpreters for meeting of over two hours.
​
​AtW have also told many Deaf people that they will never pay for notetakers.  But a couple of Deaf people have told us that AtW have agreed a budget to pay for note taking support.

So if AtW tell you that they never pay for two interpreters or notetakers, first ask for a reconsideration, then complain. 
​
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Has AtW reduced your package because they say you have underspent?

1/8/2020

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30th June 2015

Stop the Changes campaign have been contacted by a number of people who have had their hours support reduced because the AtW adviser says they have underspent (not spent all) their budget.  Sometimes this seems to be a mistake by the AtW adviser.  Sometimes it might be right, but there are obvious reasons why it shouldn't mean your budget is reduced, e.g. sickness.

So, if the AtW adviser tells you that you have underspent your budget:

1)  Check is this right.  Work out the figures yourself.  Tell the adviser and send them your figures if you think they are wrong.

2)  Ask the adviser for the numbers they have used, and for the calculation where they worked out you are underspent.

3)  If the AtW adviser won't send you these, you can make a Subject Access Request, which means they have to send you the information on your file about you.  You can see how to do that here.

4)  If you have underspent your budget, but there are good reasons for this, that means it is wrong to reduce your budget, explain that to the Adviser.  

E.g. if you used less because you had time off ill, or for recent holidays, or because you were on training and they provided the interpreter, then explain that this doesn't mean that you need less hours each month.

5)  If the AtW adviser won't agree with you, you can make a formal reconsideration request to AtW.

 6)  If the reconsideration request doesn't help, or you have other problems with this, please contact DeafATW.

Click here to download AtW Guidance on being employed and self-employed
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AtW Advisers are asking for NI numbers of the interpreters you use - should you tell them?

1/8/2020

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21 September 2014

AtW have been asking for the NI numbers of the interpreters Deaf AtW users people book.  They explain that this is for “internal audit purposes”.

However, the Data Protection Act limits the scope of information that can be collected from individuals to that which is proportionate and necessary.  

It won't be clear in terms of NI records whether any particular invoice has been paid to any particular interpreter, and those who work under the framework of their own limited company will have different arrangements.  

So DeafATW can’t see how collecting this information and handling is proportionate and necessary.  If it isn’t necessary it could put you in breach of the Data Protection Act.  

If you are asked to supply NI numbers, and other similar data about the interpreters you use, it may be worth explaining this to the AtW Adviser, and asking them to advise you on this issue.

Please let Deaf AtW know how they respond.
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AtW Advisers asking to see Level 6 qualifications of the communication professionals you use - NRCPD response and letter you can download

1/8/2020

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21 September 2014 (posted on NRCPD site 19 August 2014)

This information has been copied from the NRCPD site.  

"NRCPD has been told Access to Work advisers are asking to see the qualifications of communication professionals. In particular, they are asking for confirmation they have a level 6 qualification.

As well as being an unnecessary administrative burden, not all registrants have a level 6 qualification. That may be because they registered when a level 6 qualification wasn't required. Or it may be because a level 6 qualification isn't required for that register.

We have explained this to Access to Work. We have also said there is no need to check the qualifications of NRCPD registered communication professionals. Their fitness to practise is guaranteed by their registration.

If an adviser asks to see your qualifications or the qualifications of a communication professional you are supplying, please feel free to use this template letter."

Click to go to the NRCPD page.  There is more information there about this.  You can download the template letter below, or from their page.
​
Click here to download the NRCPD's template letter (a letter ready for you to add your name and address and send to your AtW Adviser)
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The AtW Call Centre can only give information or pass a message to AtW staff

1/8/2020

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2 June 2014

After the restructure, when you call AtW, you will normally talk to call centre staff.  

They can be really helpful, but all they can do is look at your file, or pass a message on to an AtW Adviser.  They don't seem to be able to make decisions.

Sometimes if you ask want to talk about a problem with them it sounds like they are answering your question, or saying no to you, or there is nothing you can do, but all they are really doing is reading what it says in your letter or file.  

So it is important, if you want to sort something out, or want to complain, make sure the call centre staff pass a message on to an AtW Adviser or manager to call you back.  ​
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    Updates

    Updates have been moved to this Blog, so that you can search by categories.

    The date of the Update is in the Blog.
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    Click on a Blog Category below to see ONLY all the updates in that category.

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