- Posts: 6
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- appointment wth esa group session coach?
appointment wth esa group session coach?
- bro58
If anyone else has problems similar to this, they can cite :
ESA Reg 54. (1) @ (2) (b)
"not a member of the support group"
Which is reiterated by :
(Advice to DM's) DMG Chapter 53 53014. 2.
53014 The conditions referred to in DMG 53013 are that the claimant is :
1. entitled to ESA or an advance award of ESA2 has been made (DMG 53200 et seq)
and
#2. not a member of the support group#
and
3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75)
and
4. not a person who is only entitled to ESA(Cont) payable at nil rate
5. not a lone parent who is responsible for and a member of the same household
as a child aged under one.
From :
www.gov.uk/government/uploads/system/upl...e/297548/dmgch53.pdf
Which clarifies that "members of The SG" CANNOT be compelled to take part in WRA, including WFI's.
They can do so voluntarily if they wish, however in volunteering they should be careful, as WRA that may start out as "voluntary" can then become "mandatory" with the threat of sanctions for non-compliance.
bro58
Please Log in or Create an account to join the conversation.
- dinsdale
- Offline
"We need to see you in order to discuss the benefit we are currently paying you,We need to ensure your payments are correct so it's important that you attend this interview.
You should note that where there is doubt about whether conditions for entitlement are met your benefit may be affected"
I am in support group,is this a mandatory attendance ?
a IDS push universal credit before election so can't be cancelled,his legacy
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51287
We have seen a plethora of these letters, if you look through the forum you will see them.
I am afraid all we can do is explain the "rules" we cannot advise that you do not attend this meeting without seeking further information.
If this is a Work Focussed Interview, which it does not appear to be, then you do not need to attend as you are in the Support Group, the same applies to Work Related Activity.
If it is not a WFI you need to find out whether your attendance has been mandated, based on comments from other members this is unlikely to be the case, but you cannot assume that this is the case for you.
Contact the JC+ advisor to check, if they say that you must attend then you should raise the issue of any limitations that would prevent you attending, assuming that this is the case, it may be possible to hold the meeting over the phone or even in your own home.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- AlexBloomsbury
- Offline
- Posts: 60
I had my assessment on 27 February but was not too worried when I didn't hear from anyone after a week. However, when the request for another medical certificate arrived, I tel (as I always do) to say it was in the post but was stunned and thrilled to be told I was in the Support Group, especially since I'd not had a letter from them.
After another week and no letter, I tel again - different call centre but same response, I'm in the Support Group.
Back cash arrived (yippee!!) and have now had 2 payments of Support Group ESA. No letter though so, as thought it might be lost in the post, tel again with same result, am in the Support Group but will be sent Confirmation of Benefit letter - 10 days on, not received.
3 people from 3 different call centres have told me I'm in the Support Group + have had cash but, today, I've had a letter from the local JC telling me to attend one of these "group information sessions". Everywhere I've looked, including this site (many, many thanks BTW), it says I shouldn't be asked (told?) to attend this.
Terrifed so have, again tel DWP and (another call centre) told that, yes, I am in the Support Group but that I should tel the JC re this letter.
Have tel the JC but, typically for this one (have complained about their bullying and erors several times - all resolved via MP) only 1 person can deal with it + he's in a meeting and will tel "when he can"!
I can see that others have had this problem but any more since last post and any more advice??
Many. many thanks in advance - have had cause so often to be so grateful to you!!
Alex
Please Log in or Create an account to join the conversation.
- bro58
Alex wrote: I've just received one of these letters and am absolutely terrified!
I had my assessment on 27 February but was not too worried when I didn't hear from anyone after a week. However, when the request for another medical certificate arrived, I tel (as I always do) to say it was in the post but was stunned and thrilled to be told I was in the Support Group, especially since I'd not had a letter from them.
After another week and no letter, I tel again - different call centre but same response, I'm in the Support Group.
Back cash arrived (yippee!!) and have now had 2 payments of Support Group ESA. No letter though so, as thought it might be lost in the post, tel again with same result, am in the Support Group but will be sent Confirmation of Benefit letter - 10 days on, not received.
3 people from 3 different call centres have told me I'm in the Support Group + have had cash but, today, I've had a letter from the local JC telling me to attend one of these "group information sessions". Everywhere I've looked, including this site (many, many thanks BTW), it says I shouldn't be asked (told?) to attend this.
Terrifed so have, again tel DWP and (another call centre) told that, yes, I am in the Support Group but that I should tel the JC re this letter.
Have tel the JC but, typically for this one (have complained about their bullying and erors several times - all resolved via MP) only 1 person can deal with it + he's in a meeting and will tel "when he can"!
I can see that others have had this problem but any more since last post and any more advice??
Many. many thanks in advance - have had cause so often to be so grateful to you!!
Alex
Hi A,
Nothing new to advise I'm afraid !
In case you haven't seen it already, Gordon has written a post summarising information regarding this scenario in :
The Spotlight Area.
As advised, you can challenge them to ascertain exactly "what" the interview is pertaining to, and whether it is Mandatory or Voluntary.
You can then make an informed decision on whether to attend.
Further information can be seen in : This Topic and from the links included therein to other associated topics.
You will see more detail with respect to DWP Decision Makers Guidance and ESA Regulations on not having to take part in WRA/WFI if in The SG, and " Reasonable Adjustments" for disabled people as covered under The Equality Act 2010. (EA2010)
bro58
Please Log in or Create an account to join the conversation.
- AlexBloomsbury
- Offline
- Posts: 60
At first, he refused to believe that the letter didn't say "voluntary" and it took a while to persuade him to print out a copy (they don't have access onscreen.....) and, v reluctantly and after several re-readings. he had to admit that voluntary entirely absent and it did sound as though I had to attend.
For what it's worh,I've had apologies for the "error" but, cynically, wonder whether it's simply a bullying ploy to keep harassing us. However, knowing how long letters take, I've asked for his confirmation by email so fingers crossed.
Just hope this helps others in this position.
A
Please Log in or Create an account to join the conversation.