MariW wrote: I seldom read “Benefit Blogs” but links to the most recent of these posts appeared in my Twitter timeline yesterday:
jaynelinney.wordpress.com/2014/09/20/dwp...pport-group-members/
jaynelinney.wordpress.com/2014/09/18/are...-focussed-interview/
What exactly is going on? Is it a case of JC Plus staff misinterpreting ESA or does this issue stem from higher up the DWP tree?
Thanks,
Mari W
Hi MW,
If ESA SG members are receiving such letters/threats they are in direct contradiction of ESA Legislation/Law.
ESA REG 54 (2) (b) "is not a member of the support group" :
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(1);
(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).
From :
www.legislation.gov.uk/uksi/2008/794/regulation/54/made See also :
2011 Amendments 3. (3) :
" A requirement to undertake work-related activity ceases to have effect if the person becomes a member of the support group" From :
www.legislation.gov.uk/uksi/2011/1349/made We have heard from members where they have previously been in The WRAG, and then been transferred to The SG where they have been told that they must still comply with WFI/WRA, and sometimes Work Programme Providers do try to insist on the same.
I think the ESA Legislation in question make it perfectly clear that SG members cannot be compelled to comply with WFI's/WRA, although they can volunteer.
bro58
