Statutory guidance

Chapter 1: Introduction and overview

Updated 2 November 2023

Background

1.01. People with mental health conditions have low employment rates and can fall out of work without the right support. The AtW Mental Health Support Service (AtW MHSS) is an essential element of Department for Work and Pensions (DWP) support for customers with a mental health issue or condition; its aim is to help more people to stay in work or move to more suitable work.

1.02. The Mental Health Support Service (MHSS) is delivered through the AtW programme - a Jobcentre Plus discretionary grant scheme which assists disabled people who are in paid employment, self-employed or participating in an agreed Job/Work Trial which may have already started, or is due to start, by providing practical support to overcome work related obstacles resulting from their disability.

1.03. The AtW MHSS provides flexible and personalised support for customers experiencing mental health issues or conditions within the workplace.

Eligibility conditions for AtW

1.04. AtW is available for people who have a disability, health or mental health condition that impacts on their ability to work.

1.05. To receive AtW support, the following eligibility conditions must be satisfied. Customers must be:

• aged 16 or over (there is no upper age limit for support as long as the employment is likely to continue);
• in employment (employed or self-employed) or serving an apprenticeship, but not in voluntary work and earning at least the National Living Wage or National Minimum Wage (NMW) rate for each hour that they work (please note there are additional lower NMW rates for some apprentices). There is no minimum number of hours to be worked and the total amount of any wage is immaterial to eligibility:
  • National Living Wage is applicable to those aged 25 or over (but not in the first year of an apprenticeship);
  • National Minimum Wage is applicable to those aged under 25; and
  • National Minimum Wage rates do not apply to people on apprenticeships.
• be in need of help at a job interview with an employer;
• about to start employment;
• about to start a Job/Work Trial (Jobcentre Plus organised or individually established where there is a reasonable prospect of employment after the work trial);
• not receiving Employment and Support Allowance (ESA) and/or NI credits only as part of an ESA claim, (or will cease to claim whilst in work) unless the customer is about to start a JCP agreed Work Trial; on Permitted Work Higher Level; Permitted Work (PCA exempt) or Supported Permitted Work, employed and receiving ESA after exhausting statutory sick pay; and
• resident in Great Britain, excluding Northern Ireland, the Isle of Man and the Channel Islands, with a job based in Great Britain, help can, however, be used to cover customer’s visits overseas for work purposes.

1.06. Support is also available for opportunities that will help disabled people get ready for employment such as DfE Traineeships, Sector-based Work Academies and Supported Internships.

Note: The AtW Mental Health Support Service is not available to participants on the Work and Health Programme, IPES, Restart and Fair Start Scotland. It is the responsibility of the Work and Health Programme, IPES, Restart and Fair Start Scotland Provider to source and fund all appropriate mental health support for participants who require it whilst on these programmes.

1.07. With Government Covid-19 restrictions ended, the easements allowed as part of the Covid-19 support for providers which included the annotation, “due to COVID-19”, should no longer be used and the customer should sign documents appropriately.

1.08. Access to Work MHSS is not prescriptive about how you collect the required signatures, and an electronic signature is as valid as a wet signature in instances where a face to face appointment is not undertaken.

1.09. Where Digital processes are used, as set out in the letter from DWP on 13 July 2022, you must ensure that these processes are suitably robust and will allow the storing of customer signatures as evidence of any key activities.

1.10. You must also ensure a solution in the event of the digital alternative not being available at a particular moment in time, and where a wet signature cannot be obtained.

Types of Support

1.11. AtW MHSS provides flexible and personalised support for Customers experiencing mental health conditions and issues within the workplace.

1.12. Customer choice in Access to Work MHSS provides freedom and flexibility in how customers engage with the Mental Health Support Service and how they receive their support (face to face or virtually (via videolink or telephone call).

1.13. A summary of the scope of services required follows:

• provision of work-related support by a suitably qualified professional to help the Customer to maintain sustainable employment;
• the service to Customers will be split into 2 parts:
  • the initial support period will be for a period of 6 months from the date of acceptance of the support plan, as specified by the Authority; and
  • following this there will be a 3 month sustainment period. This is viewed as a light touch support period, during which the contractor can, with the customer, decide the extent of engagement, if any, with the customer.
• provision of a specified Support Plan; a brief Monthly Update for every Customer in receipt of support; 6 Month Report; and Exit Report, within the timescales specified by the Authority;
• provision of employer education where it is appropriate;
• provision of support that will test whether the MHSS has an impact on employment retention rates, specifically for the Apprentice referral group and whether the service has an impact on the disclosure rates of apprentices with mental health conditions;
• signposting Customers to other appropriate elements of the Access to Work scheme;
• signposting Customers to other appropriate external support provisions; and
• provision of relevant management information, as specified by the Authority.

1.14. The MHSS is a confidential service which is delivered with no cost to the customer or their employer, and can be delivered with or without the support of the Customer’s employer.

1.15. Should the customer choose to include their employer and consent for the provider to engage with their employer, where appropriate, the provider must offer an employer education. This could include, but is not limited to:

• advice and guidance for employers on how to support employees who have a mental health issue or condition, or who may need help to resolve practical and/or organisation factors related to the work environment that may have an impact on the individual’s capacity to perform the job effectively;
• awareness sessions for the employer and/or colleagues on the interaction between a person’s mental health issue or condition and the job or the workplace;
• a walkthrough of the employer support toolkit;
• signposting to the other useful tools, including self-help tools for employers;
• conducting job analysis, including discussions and negotiation of any temporary adjustment that could support the individual to perform and retain employment; and
• provision of first aid training for mental health conditions or issues.

1.16. All products produced by the provider for the purpose of employer education will require clearance at the point of production before delivery, by DWP, and can be discussed at the monthly marketing meetings.

Mental Health Support Services

1.17. The last referral date for the Access to Work Mental Health Support Service will be 19 August 2024. You will be required to continue providing services under the Contract for 10 months and 28 working days after the end of the referral period.

1.18. The service to the customers will be split into two parts:

• the initial support period will be for a period of six months from the date the Support Plan is accepted by DWP; and
• following from this there will be a three month sustainment period. This is viewed as a light touch support period, where you can decide the extent of engagement if any with the customer.

Contractors Staff

1.19. You should provide a telephone Help Desk that will be the contact point for both customers and the DWP. The Help Desk must:

• provide an adequately staffed telephone service between the hours of 08:30 and 18:00, Monday to Friday, (where providers have offered out of hours service within their tender, the Department expects this service to be delivered);
• answer all telephone calls within 10 rings;
• call AtW customers back within 3 hours if enquiries cannot be dealt with immediately;
• for routine telephone enquiries, if a response cannot be provided at the time of the call, or if the intended recipient is unavailable, call back should be received within 24 hours;
• for urgent telephone enquiries an immediate response is required
• monitor your own response rates and be able to demonstrate that specified levels of service are being met; and provide an electronic means of contact (i.e. email address) for accessibility purposes and acknowledge receipt of enquiry.

1.20. The DWP require suitably qualified professionals to:

• contact the customer within 2 working days of receiving the PRaP Mental Health Support Service referral or confirmation of eligibility from the AtW Case Manager to initiate the workplace related mental health support, (1st working day is the date you receive the PRaP referral);
• on receipt of the MHSS Referral Form from the AtW Case Manager, you may commence engagement activities. However if you have not received the associated PRaP referral on the following working day, you must email the AtW Case Manager immediately, sending a copy of this email to the AtW Contract Liaison Point at: ATWPROVIDER.CONTRACTCORRESPONDENCE@DWP.GOV.UK
• develop an agreed personalised six month Support Plan with detailed steps to support the customer needs, to keep them in work or to return to work;
• have an awareness of other AtW service provisions and other external support provisions which may be suitable for the customer and highlight these as appropriate;
• demonstrate a thorough understanding of the MHSS and how it can be applied to the benefit of the customer and the employer;
• demonstrate an understanding of the interaction and impact of mental health issues experienced by AtW customers and implement appropriate support options to address the customer’s needs;
• with customer consent, offer, and if accepted engage with their employer, provide orientation and facilitation for the customer and their employer, as appropriate, to enable them to provide support to the individual in their workplace;
• deliver tailored employer education to the customer’s employer if appropriate and agreed with the customer within the support period, at a time and venue acceptable to all parties;
• undertake the specified support on premises that meet the requirements of the Equality Act 2010;
• produce a written specified Mental Health Support Service Support Plan (Annex C) to the required standard, which shall be returned to the AtW Case Manager within 1 calendar month of receipt of the PRaP referral;
• deliver the agreed, and any subsequently identified, work related support to the customer to the agreed timescales;
• produce a brief Monthly Update (Annex D), of the progress and how the support is helping the customer in their role (see Support Period);
• produce a specified Mental Health Support Service 6 Month Report (Annex E) to the required standard, within 10 working days at the end of the 6 month (182 days) support period;
• produce a specified Mental Health Support Service Exit Report (Annex F) to the required standard, within 10 working days of the end of the 3 month (273 days) sustainment period;
• if the customer leaves their job, becomes long term sick due to an illness unrelated to the original AtW MHSS referral, e.g., an accident at work, or no longer wants or needs the support within the 6 month period or the 3 month sustainment period you will notify the AtW Case Manager immediately. If a customer returns to work or starts a new job during the 6 month support period, they will be referred back to you so they can continue to receive the support. The customer will restart their support at the point the original support ended and you will not be entitled to claim the initial payment (see Disengaged Customers);
• if the customer becomes long term sick due to their mental health issue or condition, you should continue to engage with the customer to maintain contact throughout the period of the referral to support the customer to overcome any barriers in the workplace; * signpost customers to the appropriate elements of the AtW Programme that may be suitable; and
• signpost customers to other appropriate external support provision that may be suitable.

Additional Needs

1.21. You should, wherever possible, comply with (and provide at your own cost) any reasonable requests to accommodate customers who have additional needs. Additional needs include, but are not limited to:

• staff of the same gender as the customer; and
• an interpreter or a signer capable of British Sign Language.

1.22. When an additional need is identified at the initial contact meeting and it is not practical to accommodate this immediately, you should ensure that an alternative appointment is arranged and held within 2 working days, ensuring the customers additional need is accommodated at future scheduled appointments and interventions.

Contractors Staff

1.23. You should ensure all professionals engaged on the contract have a suitable and relevant qualification or a minimum of 1 year’s relevant background and experience of working with people with mental health issues and conditions in an employment or workplace setting. They should continually update their skills in line with professional and any regulatory requirements to ensure they have the necessary competence to deliver the contract, at no extra cost to the DWP and make available on request of the DWP, evidence of development activity undertaken by your staff.

1.24. Contractors staff should demonstrate the following key competencies and behaviours including, but not limited to:

• excellent interpersonal communication and negotiation skills, both written and verbal;
• proven skills, knowledge and experience to support people with mental health issues to remain in employment;
• understanding and able to analyse factors relating to the working environment, such as how the nature of the job, organisational practices and culture which may enable or constrain the individual’s performance of the job;
• demonstrate empathy and capacity to build trust among all parties;
• the ability to work under instructions and within a team;
• be organised with an ability to be flexible and respond to needs as they arise;
• ability to establish effective working relationships with customers and employers;
• understand and follow policies and procedures to maintain confidentiality;
• seeking consent from the individual where and when necessary;
• demonstrate an awareness of the responsibility for safeguarding vulnerable customers; and
• have an understanding of Health and Safety Issues.

1.25. You must notify DWP before any changes are made in relation to staff providing support. Any changes should be notified through your Performance Manager.

Supporting Apprentices

1.26. The Department wants to test whether the provision of the MHSS is having a direct impact on employment retention rates amongst those taking up apprenticeships. DWP wants to establish whether directly promoting and raising awareness of MHSS has an impact on the disclosure rates of apprentices experiencing mental health issues conditions.

1.27. Supporting Apprentices is a way to deliver the same core Mental Health Support Service to a distinct customer group – Apprentices. This is not a separate service, but there are some considerations that apply:

• asking all customers whether they are apprentices and flagging those that are;
• in agreement with the customer adjusting communication channels in response to the demands of an audience that tends to be from a younger demographic; and
• developing tailored literature and gateway website for direct referrals in order to market the offer more distinctly to apprenticeship providers to enable them to promote to apprentices.

1.28. You are required to keep separate management Information on the Apprentice referral group, this will include:

• rate of disclosure of mental health conditions (MHC) amongst apprentices to their employers by region; and
• apprentice’s employment retention rates.

1.29. Apprentices will be required to give their consent to be referred to the service by an employer or education or training provider