Work and Health Programme Provider Guidance Chapter 13 – Funding Model Contents Background The Delivery Fee The Job Outcome Payment The Validation of Job Outcomes Accelerator Payment Mechanism Qualifying Period Claiming Payments Participant moving Contract Package Area Payments to Suppliers Payment Control Measures ESF Documentation and Evidence Retention Requirements VAT Provider Referrals and Payments Background 1. The WHP Funding Model is predominantly based on Payment by Results (PbR) to drive sustained work outcomes. 2. There are two distinct elements to the WHP Funding Model: Delivery Fee Outcome Payment 3. There is no price differentiation for outcomes between participant groups nor the employed or self-employed. The prices paid will be as agreed during the bid process. Outcome Payments 4. For the employed, an outcome payment will be triggered when a participant earns in the (456 + 182) day period from the participant’s Start Date on WHP, the equivalent of someone working for 16 hours per week for 182 days, earning the adult rate (aged 25 or over) of the National Living Wage (NLW). Earnings data will be provided by Her Majesty’s Revenue and Customs (HMRC). You will not be required to make a claim for employed outcomes. Updated 06/04/2017 1 V1.8 Work and Health Programme Provider Guidance 5. Self-Employed outcomes will be measured through duration in selfemployment which you will be expected to keep a suite of evidence and claim appropriately after the required period has been achieved. For the self-employed, an entitlement to an outcome would be triggered when a participant achieves a cumulative period of not less than (26 weeks) 182 days self-employment. Any period of self employment can only be counted once regardless of whether the participant has one or multiple self employed occupations during that period. 6. A price acceleration cohort model also exists when the number of outcomes achieved by you exceeds the volume of outcomes specified by DWP as required to allow an increased outcome payment to be paid in respect of each outcome achieved above the volume specified by DWP. Please see the Accelerator Payment Mechanism section further in this Chapter. Please note - only one outcome can be achieved per participant and must be wholly achieved in either employment or self-employment. Selfemployed earnings cannot be combined with direct employment earnings for the purpose of achieving an outcome. The first job outcome to be successfully achieved will trigger payment. The Delivery Fee 7. The Delivery Fee will be: 30% of the Estimated Possible Total Contract Value (EPTCV), as estimated by DWP in its absolute discretion, divided by Estimated Possible Number of Months (EPNM) in which services are to be provided, as estimated by DWP in its absolute discretion Paid (without the need to claim) monthly in arrears, at the same level each month, at a date to be agreed. Paid for each month throughout the period between the Call-Off Service Start Date and the Referral End Date up to a maximum of 60 months (see paragraph 1.30 of the WHP Call-Off Specification for Contract Duration and Implementation and see paragraph 4.25 of the WHP Call-Off Specification for conditions attached to the payment of the Delivery Fee). DWP may defer Delivery Fee payments if formal performance improvement action is taken as a result of failing to meet service standards. Further information can be found in Chapter 16 Performance Management and Compliance Monitoring. 8. The delivery fee supports you in delivering your service to participants and you are not expected to submit a monthly invoice for this fee. Updated 06/04/2017 2 V1.8 Work and Health Programme Provider Guidance 9. DWP will agree a common date with you so that the delivery fees will be paid monthly in arrears. Any part period for the first month at start up will be paid on a pro-rata basis. 10. Each delivery fee payment would be generated for payment on the same calendar day each month. The Job Outcome Payment Employed Outcomes 11. For the purposes of validating directly employed outcomes, the below definition should be noted: “An eligible WHP participant must have been directly employed, with accumulated gross earnings at least, equivalent to working for 16 hours per week for 182 days, earning the adult rate (aged 25 or over) of the NLW during their time on the WHP, or within 182 days after provision completion.” 12. This threshold currently stands at approximately £2,995, and will be uprated in line with NLW. An outcome will be achieved when gross earnings become equal to, or surpass the NLW adjusted threshold appropriate on the date of the payment which caused cumulative earnings to trigger the threshold. Cumulative earnings, below the threshold which are paid prior to threshold uprate will not be prorated towards the increased threshold – their value will remain and contribute towards the new threshold which will have to be met in full. 13. Participants moving into employed work will be identified by DWP solely using HMRC (PAYE) on-line data submitted each time an employee is paid by an employer, on or before their pay date. DWP already use this information to pay Universal Credit (UC) and to validate outcomes claimed by suppliers holding contracts for the Work Programme. You will be paid based on the outcomes observed in this data. No separate evidence will be accepted. 14. DWP will monitor participant earnings via HMRC (PAYE) on-line data from the first ‘payment date’ for a maximum period of 639 calendar days from (and including) the Start Date, and will continue to look for earnings received in the 639 calendar days. 15. The HMRC PAYE information will feed into our Provider Referral and Payment (PRaP) system and will automatically pay for employment outcomes. Updated 06/04/2017 3 V1.8 Work and Health Programme Provider Guidance 16. Prior to starting the participant on the programme, you must ensure the participant is not in any form of employment or has had a job offer. The Jobcentre Plus Work Coach will determine if a participant is in any form of employment or has a job offer, prior to the referral and will not make the referral if it is identified the participant is in any form of employment at that point in time. Please note however, between referral and starting the participant there may be some participants who move into employment/self-employment, or have had a job offer. If this is the case, you must enter a Did Not Start (DNS) on PRaP and return the participant to Jobcentre Plus. 17. Any earnings that the participant has accumulated prior to starting on the programme will not count towards an employed outcome. 18. DWP will share the following information with you, related to the validation of earning based outcomes: when a participant’s earnings are first declared to HMRC, following a confirmed start on the programme; when a participant has achieved income milestones of £1,000 and £2,000 during their employment; and an automatic outcome payment once the earning threshold is reached. Self Employed Outcomes 19. As the data supplied by HMRC does not contain earnings from selfemployment, you will need to keep a suite of evidence of a participants duration and participation in self-employment. 20. An entitlement to a self-employed outcome would be triggered when a participant achieves a cumulative period of not less than (26 weeks) 182 days self-employment. Any period of self employment can only be counted once regardless of whether the participant has one or multiple self employed occupations during that period. Please note that for validation purposes, a week is defined as a minimum of one day in any seven day period. 21. You will be responsible for claiming self-employed outcomes correctly and within a maximum of 700 calendar days from the participants start date. Claims must be made via PRaP and you must provide DWP with sufficient and accurate information to allow a manual validation to independently verify the claim. 22. The expectation is that the majority of self employed outcomes will sustain well beyond the 182 calendar days period. DWP will be undertaking analysis of the self-employment outcomes being achieved by you. Updated 06/04/2017 4 V1.8 Work and Health Programme Provider Guidance Please note – You will only be eligible to receive one WHP job outcome payment per participant i.e. either an employed outcome or a selfemployed outcome, not both. Time spent in or earnings from selfemployment will not count towards an employment outcome. For individuals who are in self-employment but also have earnings from paid employment at the same time – only the employment earnings will be used towards the employment outcome. The first job outcome to be successfully achieved will trigger payment. The Validation of Job Outcomes 23. The validation of Job Outcomes will be determined by the type of employment, either the participant is employed by an employer or the participant is self-employed. Further information can be found in Chapter 14 – Validation. Accelerator Payment Mechanism 24. The WHP uses a price acceleration model in order to drive performance and incentivise you to provide the increased investment required for the harder to help participants, who may have multiple barriers to overcome. Price Acceleration takes place when the number of outcomes achieved by you exceeds the volume of outcomes based on the tMPL (Tender Minimum Performance Level) formula from the contractor as set out in the contract to allow an increased outcome payment to be paid in respect of each outcome achieved above the volume specified by DWP. 25. For each calendar month cohort of participants starting on the programme (all customer groups to be included in the monthly calculation of the number of starts for accelerator payment purposes), a standard outcome payment will be paid for the first 75% of the contracted outcome volumes (75% of the tMPL) at aggregated participant group level, all further outcomes achieved (above and beyond) will be paid at a higher rate. This higher rate is set 40% higher than the lower rate. 26. For example - A provider is contracted to achieve outcomes for 60% of participants who start on the programme. Within the price acceleration mechanism, this would mean that within any particular cohort, the first 75% of the performance bid will be paid at the standard rate. In this instance, this would equate to the first 45% of the cohort who achieve an outcome (75% * 60%). Any outcomes achieved above the 45% point will be paid at the higher rate. This is the remaining 25% of the performance bid (i.e. 15% of the cohort), plus any outcomes over and above the bid. For example, if the provider achieves 65% of starts resulting in an outcome within a particular Updated 06/04/2017 5 V1.8 Work and Health Programme Provider Guidance cohort, the first 45% will be paid at the standard price and the residual 20 percentage points (15% remainder of the cohort plus 5% performance above the target) will be paid at the higher rate. Qualifying Period 27. A qualifying period of 182 calendar days exists immediately after the maximum time on programme. Therefore an eligible employment or self employment outcome payment may start within the period on programme or during the following 182 calendar day period. Any outcome must be achieved within the total 639 calendar days qualifying period to be eligible for a payment. Claiming Payments 28. You do not have to claim an employed outcome as DWP will automatically pay you using data from the HMRC (PAYE) on-line data to identify participant earnings. 29. As the data supplied by HMRC does not contain earnings from selfemployment, these outcomes are based on duration of self-employment and you will be required to claim all self-employed outcomes. Within five working days of the participant informing you that they have commenced self-employment, you must update PRaP with the date the selfemployment started. Further information can be found in Chapter 14 – Validation. 30. For self-employment outcomes, you should maintain a robust system of internal controls which must include appropriate checks, monitoring arrangements and adequate records to demonstrate that you are entitled to make the self-employed claim. The records maintained need to be sufficient not only to support any self-employment claim payments but also to support your internal management checks and independent validation e.g. by DWP and other external bodies. The records maintained should document how and when the information was obtained. 31. You should claim self-employed outcome payments when you are satisfied that the participant has been in valid self-employment for a cumulative period of 182 calendar days and you have sufficient evidence to support the claim. The final date that any claim for payment can be accepted will be 700 calendar days from an individual’s start on provision. This is made up of the maximum 456 calendar days on Programme, 182 calendar days qualifying period which self-employed job outcomes are claimable and a 61 day period to claim the outcome payment. Updated 06/04/2017 6 V1.8 Work and Health Programme Provider Guidance 32. All payments made in respect of WHP Provision will be made via PRaP directly into your agreed bank account. Further information regarding PRaP can be found in the DWP Generic Provider Guidance: https://www.gov.uk/government/publications/provider-referrals-andpayments-prap-system-for-dwp Participant moving Contract Package Area 33. Where a participant moves outside a provider contract delivery area prior to any outcome payments being achieved, you are still entitled to claim any outcome payment relating to that participant. Further information relating to participants who move to/between Scotland, London and Manchester can be found in Chapter 10 - Change of Circumstances and Notifications. Payments to Suppliers 34. All payments will be made through the appropriate IT system/PRaP in line with the amounts set out in the contract. Please note that DWP can only make direct payments to United Kingdom (UK) bank accounts. Payment Control Measures 35. To protect public funds and DWP’s reputation the Department has introduced additional controls to the Work and Health Programme Funding Model: Employing participants within a providers business or supply chain 36. You must notify DWP when you or a supply chain partner employs a WHP participant within a part of your business directly relating to departmental employment contracts. You cannot claim or receive an outcome payment for anyone who you or your supply chain partners have employed directly or indirectly, or on a self-employed basis. Any such periods of employment or self-employment (and wages earned from being employed) with you or a supply chain partner cannot count towards an outcome. An example of self-employed work would be: A Provider or a supply chain partner employs a participant on the WHP as a private IT contractor to work on provider systems. 37. When you employ a WHP Participant in your employment business, DWP expect you to complete a ‘WHP Employment Business Customer Form (Fields; ‘customer name,’ ‘NINO’ and ‘date employment commenced’). You must send this by unencrypted email, within 10 working days of the Updated 06/04/2017 7 V1.8 Work and Health Programme Provider Guidance WHP participant beginning employment to the department’s Payment Team Central Inbox; [email protected]. [Subject to PIA Sign off]. 38. You must notify DWP if and when the participant leaves their employment within the 639 calendar day period from the date the participant started on the programme. You must notify the department by completing the second part of the ‘WHP Employment Business Customer Form (specifically the ‘date employment ceased’ field) and send this by unencrypted email to the department’s Payment Team Central Inbox; [email protected]. [Subject to PIA Sign off]. 39. In the circumstances above DWP will review HMRC PAYE data at the end of the cohort. If the participant has any additional earnings from other employers which meet the requirements for an outcome, we will pay. The self-employment line will remain available for self employment claims and again if the participant subsequently meets the requirements for a self employed outcome DWP will pay. 40. If you fail to notify DWP when you employ a participant in the circumstances described above, DWP will treat this as a non service failure. 41. If an outcome payment has been made and DWP later identify a service failure related to a participant you claimed for, DWP will seek to recover these funds. Financial incentives 42. You must not provide any financial incentive (for example funding and / or payment) to support the employment of participants. You may provide appropriate services and support to employers to help with the engagement and employment of participants. 43. For participants in self-employment, where the participant has a clear business plan which would benefit from financial support through either working capital and or equipment, you may provide up to a maximum of £1,000 for working capital and or equipment per participant for the purpose of the self-employed business. You must retain evidence of the Business Plan and any payments related to the working capital and or equipment. A failure to do so could result in the outcome payment being disallowed for payment and performance purposes. Updated 06/04/2017 8 V1.8 Work and Health Programme Provider Guidance 44. For the purpose of Work and Health Programme, if you decide to provide working capital and or equipment for the participant to support their selfemployed business, you should not consider this to be in any format a loan to the participant. 45. If DWP discover that you have failed to retain evidence of equipment or training purchases, or that you have offered a financial incentive to secure an employment outcome, we will treat this seriously. 46. If an outcome payment has been made in the above circumstances and we later discover this, we will seek to recover these funds. ESF Compliance and Evidence Retention Requirements 47. As part of this Provision may be funded by ESF it may be subject to stringent audit by DWP and EC Auditors who may require evidence that the Provision is being delivered in accordance with the contract and all payments are clearly and appropriately evidenced. Failure to meet these audit requirements can result in financial penalties or withdrawal of funding. 48. You must keep sufficient, relevant evidence and key documentation in support of provision delivery and payments. It is your responsibility to ensure that documents and data can be relied on for possible ESF audit purposes. You must have robust systems in place to ensure that documentation (paper or electronic) is securely held and is easily retrievable and accessible throughout the retention period. Further information regarding ESF requirements can be found in the Generic Provider Guidance Chapter 11b – ESF requirements 2014 – 2020 (England Only) and also further information can be found in Chapter 18 - European Social Fund. VAT 49. Your VAT obligations are covered in the Terms and Conditions of the contract. Additional VAT requirements for self-billing contracts 50. The following guidance should be read in conjunction with the HMRC guidance VAT Notice 700/62: Self-Billing. https://www.gov.uk/government/publications/vat-notice-70062-self-billing Updated 06/04/2017 9 V1.8 Work and Health Programme Provider Guidance 51. HMRC guidance states that under a self-billing contract both parties are responsible for ensuring that the VAT is charged correctly on invoices. As part of your bid, you were asked to provide the VAT rate(s) that should be charged for each part of the funding model (Delivery Fee or relevant Job Outcome Payment). IMPORTANT You will be asked to confirm that the VAT rate(s) quoted as part of your bid are still correct prior to commencement date of the contract. Please note that the onus is with you to provide the VAT rate for this contract as per HMRC guidelines. DWP will however, assist in this matter by providing an annual self-billing contract and requesting confirmation of the VAT rate(s). If the self-billing agreement process is delayed for any reason, you are still responsible for notifying the VAT rate(s) to the Authority on an annual basis. DWP’s responsibilities 52. DWP is responsible for ensuring that: VAT rates are sent to the supplier; an annual self-billing agreement is in place; and VAT rate(s) are changed on the PRaP system if you notify a change in VAT status. 53. DWP will seek agreement from you to the self-billing arrangement on an annual basis and request that you confirm the VAT rate(s) to be applied to all aspects of the funding model. Provider’s responsibilities 54. You are responsible for: providing a signed agreement promptly on an annual basis when requested by DWP; ensuring that DWP is immediately notified of a change in the VAT rate(s) should they change during an agreement term; ensuring that duplicate invoices are not sent to DWP for a supply which is self-billed, and ensuring that you fully understand and comply with VAT Notice 700/62. Updated 06/04/2017 10 V1.8 Work and Health Programme Provider Guidance Provider Referrals and Payments 55. PRaP system enables secure, automated exchanges of information about Participants referred to Provision and payments from DWP to Providers. Please note - Specific PRaP guidance with actions to take with WHP participants will be made available to the winning bidder when known. 56. Providers access PRaP via Government Gateway; providers can download information to manage on their individual systems and update information about Participants progress into PRaP; payment claims and calculations are generated automatically. Provider security requirements can be found on the contract Terms and Conditions page at http://www.dwp.gov.uk/supplying-dwp/doing-businesswith-dwp/terms-and-conditions 57. The PRaP system also provides DWP and Providers with transparent data about the cost and performance of Contracted Employment Programmes (CEP), supporting contract and performance management. 58. You should also refer to UPK/Tutor PRaP on-line Guidance, and DWP Generic Provider Guidance Chapter 5. https://www.gov.uk/government/uploads/system/uploads/attachment_data /file/446787/pg-chapter-5-v3.3.pdf 59. For further information about PRaP, please see our Questions and Answers at: http://www.dwp.gov.uk/docs/prap-qanda.pdf 60. More information on the PRaP system can be found at: https://www.gov.uk/government/publications/Provider-referrals-andpayments-prap-system-for-dwp Updated 06/04/2017 11 V1.8
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