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ESA support Group
- Suziesue
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- Gordon
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Suziesue wrote: I have been in the ESA Support Group since February having previously been in the Work Related Group. My understanding was that I would not be required to have any work focused interviews, according to my Job Centre I still have to attend.
They are wrong.
The Employment and Support Allowance Regulations 2008
www.legislation.gov.uk/uksi/2008/794/regulation/54/made
54. (1) The Secretary of State may require a claimant who satisfies the requirements in paragraph (2) to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount of employment and support allowance payable to the claimant.
(2) The requirements referred to in paragraph (1) are that the claimant—
(a) is either—
(i) entitled to an employment and support allowance; or
(ii) a person in respect of whom the Secretary of State has made an award under regulation 146;
(b) is not a member of the support group;
(c) has not reached the age at which a woman of the same age as the claimant would attain pensionable age; and
(d) is not only entitled to a contributory allowance payable at a nil rate.
(3) Any requirement to take part in a work-focused interview ceases to have effect if the claimant ceases to satisfy the requirements in paragraph 2.
and
Decision Makers Guide Chapter 53
www.gov.uk/government/uploads/system/upl...e/307749/dmgch53.pdf
53013 The Secretary of State may require a claimant who satisfies the conditions at DMG 53014 to take part in one or more WfIs as a condition of continuing to be entitled to the full amount of ESA1. See DMG 53031 et seq for guidance on where a claimant is also required to undertake WRA.
53014 The conditions1 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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
So you can cite :
Decision Makers Guide Chapter 53 @ 53013. & 53014. 2.
&
ESA Regulations 2008. 54. (2) (b)
If necessary print off the extracts from the links that Gordon has provided, and send them to The JC Plus.
If they still insist on you taking part in WFI/WRA, complain to your M.P. :
Contacting your MP
As you do not have to participate in WFI's, you don't have to take part in WRA either.
bro58
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