tribunal coming soon

karon wrote: hi please could you help with this ive looked all these up but i cant find why they have used this against my sister. the law they used to come to there decision
socail sercurity act 1998 section 8 10
welfare reform act 2007 section 13
ESA reg 2008 reg 63 (1)b-65
ESA regwork related reg 2011
ESA sanction reg 2012 amendment
social security and child bebefit decisions and appeals reg 199 reg 6(2) p and 7(36)

im going to represent my sister or at least try , i was looking to see if they applied to her , i dont think they did, could some one break this down for me to undersand more i know its a big ask, but thanks inadvance karon x

This is likely a standard template of the legislation relevant to your sisters claim. I can point you at each of the items, but they are not light reading and even if you are looking for something specific it can be very difficult to find as several of these have been modified since they were originally enacted, for example the ESA Regs 2008 contains 169 Regulations and 9 schedules and has been modified by at least four other pieces of legislation not mentioned in your list, although they may not be relevant to her claim.

Social Security act 1998 - Deals with NI Contributions and entitlement
Welfare Reform Act 2007 - Entitlement to ESA
ESA Regs 2008 Reg 63(1)b-65 - Sanctioning of ESA for failure undertake WRA (now superseded)
ESA Regs Work Related Activity reg 2011 - Definition of WRA and requirement to participate
ESA Sanction Regs 2012 - Applicable sanctions
Social Security and Child Benefit decisions and appeals Regs - Mandatory Reconsideration and Appeal process.

Gordon

karon wrote: hi gorden thanks i get what your saying ill have to go to plan B and fight them with the evidence i have for my sister all the best karon x

I assume this is in relation to your sister's sanctions rather than her WRAG placement.

This is not an area that we really deal with but your arguments need run along one of the following lines although I cannot guarantee that this is a complete list.

- that she met the requirement at the time and place required

- the notification of the requirement was not made or was made in an incomplete or inappropriate manner

- in making the requirement the JC+ advisor did not take reasonable account of her limitations due to her conditions

In regard to Work Related Activity the legislation states, I have highlighted the areas most likely to be relevant.

Requirement to undertake work-related activity

3. (1) The Secretary of State may require a person who satisfies the requirements in paragraph (2) to undertake work-related activity as a condition of continuing to be entitled to the full amount of employment and support allowance payable to that person.

(2) The requirements referred to in paragraph (1) are that the person—

(a) is required to take part in, or has taken part in, one or more work-focused interviews pursuant to regulation 54 of the ESA Regulations;

(b) is not a lone parent who is responsible for and a member of the same household as a child under the age of 5;

(c) is not entitled to a carer’s allowance; and

(d) is not entitled to a carer premium under paragraph 8 of Schedule 4 to the ESA Regulations.

(3) A requirement to undertake work-related activity ceases to have effect if the person becomes a member of the support group.

(4) A requirement imposed under paragraph (1)—

(a) must be reasonable in the view of the Secretary of State, having regard to the person’s circumstances; and

(b) may not require the person to—

(i) apply for a job or undertake work, whether as an employee or otherwise; or

(ii) undergo medical treatment.

(5) A person who is a lone parent and in any week is responsible for and a member of the same household as a child under the age of 13, may only be required to undertake work-related activity under paragraph (1) during the child’s normal school hours.

and

Notification of work-related activity and action plans

5. (1) The Secretary of State must notify a person of a requirement to undertake work-related activity by including the requirement in a written action plan given to the person.

(2) The action plan must specify—

(a) the work-related activity which the person is required to undertake; and

(b) any other information that the Secretary of State considers appropriate.

and finally

Reconsideration of action plans

7. (1) A person may request reconsideration of an action plan.

(2) On receipt of a request the Secretary of State must reconsider the action plan.

(3) A decision of the Secretary of State following a request must be in writing and given to the person.

all from

www.legislation.gov.uk/uksi/2011/1349/contents/made

Gordon