Memorandwm Cyd-ddealltwriaeth rhwng yr Adran Gwaith a Phensiynau a Llywodraeth Cymru ar ddatganoli Cyllid Cymorth Cyflogaeth

1.1 The parties to this Memorandum of Understanding (“MoU”) are:

• The Secretary of State for Work and Pensions acting through the Department for Work and Pensions (“DWP”), and
• Welsh Ministers acting for the Welsh Government (“WG”).

1.2 In this MoU, each may be referred to as “party” and, where acting together “both parties”.
 

2.1 This MoU is not legally binding. It will be reviewed by both parties on a regular basis and revised, as appropriate, where there is mutual agreement to do so.

2.2 It sets out:

•    the scope of the UK government’s commitment to devolve employment support funding
•    the process for delivering the commitment
•    governance arrangements

3.1 The UK government committed to devolving employment support funding to the Welsh Government.

3.2 For the purposes of this MoU, this means the transfer of agreed employment support funding from DWP to the WG for the WG to use to design and deliver employment support using their existing powers.

3.3 In this MoU “agreed employment support funding” means any agreed non-Jobcentre Plus employment support funding that DWP identifies as being in scope of the commitment; and, where the WG agree.

3.4 UK government employment support that is currently provided in Wales, and employment support where a delivery or funding agreement has already been reached with DWP, is not within the scope of this MoU.

3.5 Any support provided by, or facilitated through, Jobcentre Plus is out of scope of this MoU.

4.1 Where new funding streams are identified as potentially in scope by DWP, DWP officials will formally discuss estimated quantum through agreed governance processes with WG officials.

4.2 The WG will have an opportunity to formally accept or decline the proposed transfer of funding.

4.3 Agreed employment support funding will be transferred through a Budget Cover Transfer as part of the UK government’s Main and Supplementary Estimates process, in tranches where appropriate, using processes set out in Managing Public Money and specified by His Majesty’s Treasury (HMT).

4.4 DWP and the WG agree that they will work closely together to ensure that their employment support offerings complement each other and provide the best possible service to the people of Wales. To support this goal and to maximise system integration and minimise risks of gaps or duplication; employment support funded through this commitment must be strategically aligned with the programme from which funding was transferred from DWP, as well as wider WG provision, and effectively aligned to wider DWP employment provision.

4.5 When planning any publicity or announcements on employment support funding agreed as in scope, both parties will inform each other of their intentions, make all reasonable efforts to coordinate such activity and consider whether it would be beneficial to have a joint or co-ordinated announcement or campaign.

5.1 WG officials and DWP policy and operational officials will hold regular meetings to share progress and learning to inform future policy making.

5.2 In the event that a dispute between the parties cannot be resolved by negotiation between the senior officials from each organisation, the matter shall be handled in accordance with the Concordat between the Department for Work and Pensions and the Welsh Government.

5.3 In relation to Freedom of Information requests, each party will provide to the other party any information in its possession that may be reasonably requested by the other party, subject to any confidentiality constraints, safeguards, and statutory rules on disclosure. Each party will consult the other party before making any significant disclosures of information under the Freedom of Information Act 2000 in relation to this MoU to any third party.

5.4 Governance processes for agreed employment support funding, including in relation to data sharing, branding, reporting, and evaluation, will be agreed between parties following the signing of this MoU. These processes will adhere to agreed principles of collaborative working in the concordat between DWP and the Welsh Government to facilitate future collaborative policy development; and citizen and stakeholder engagement.