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ESA Requirement to attend JobCentre Plus
- Jackie Vallerius
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9 years 6 months ago - 9 years 6 months ago #125779 by Jackie Vallerius
ESA Requirement to attend JobCentre Plus was created by Jackie Vallerius
Please could someone help me with some advice? My daughter applied for ESA as a full-time uni student in receipt of DLA. She was accepted for the benefit in February 2014 but is still being paid the assessment rate and has heard nothing about a medical assessment to place her in either the Support or WRA groups. She has been told she must attend a Group Information Session at our local JobCentre Plus and has been threatened with a sanction if she does not. I have two issues: 1. She is a full time student (nursing) and is away at uni so cannot attend; but 2. Most importantly, as she has not been placed in the WRAG, surely they cannot demand she attends these sessions? She has ME/CFS and seizures so life is stressful enough without the threat of losing her money. I think we will make a formal complaint but I wondered if anyone had any views/experience before I worded the letter? Many, many thanks.
Last edit: 9 years 6 months ago by Gordon.
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- Gordon
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9 years 6 months ago #125780 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Requirement to attend JobCentre Plus
JV
Welcome to the forum.
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As your daughter is receiving DLA then she should be classed as having Limited Capability for Work and therefore qualify automatically for the WRAG, however, this does not mean that she does not have an assessment as she may actually qualify for the Support Group.
As she cannot fail the WCA then there should be no reason why the DWP should not place her in the WRAG unless she is still within the first 13 weeks of the claim, during which time she is only entitled to the Assessment rate. If she is in week 14 or later of her claim then she should contact the DWP to find out shy they are not paying her the WRAG rate.
As to the meeting, all ESA claimants not in the Support Group are required to attend Work Focussed Interviews, her DLA does not exempt her from this, further a failure to attend can and likely will result in her benefit being sanctioned. If she is not able to attend the JC+ specified on the letter then she should contact them to arrange for it to be done at a JC+ office closer to her current location.
As an aside, has she notified them of her current address? If she has not then she needs to do so as a matter of urgency!
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
As your daughter is receiving DLA then she should be classed as having Limited Capability for Work and therefore qualify automatically for the WRAG, however, this does not mean that she does not have an assessment as she may actually qualify for the Support Group.
As she cannot fail the WCA then there should be no reason why the DWP should not place her in the WRAG unless she is still within the first 13 weeks of the claim, during which time she is only entitled to the Assessment rate. If she is in week 14 or later of her claim then she should contact the DWP to find out shy they are not paying her the WRAG rate.
As to the meeting, all ESA claimants not in the Support Group are required to attend Work Focussed Interviews, her DLA does not exempt her from this, further a failure to attend can and likely will result in her benefit being sanctioned. If she is not able to attend the JC+ specified on the letter then she should contact them to arrange for it to be done at a JC+ office closer to her current location.
As an aside, has she notified them of her current address? If she has not then she needs to do so as a matter of urgency!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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