esa- reassessment for 1st time

I know I am jumping slightly ahead but page 9 of your esa guide contains a link to download "a detailed guide to Work-Focused Interviews". I have tried this link on several occasions without success. Can you please give me a link that works. Many thanks

I am sorry to be so dim. I still need clarification about the criteria for exceptional circumstances. I did look at the guide "understanding Esa" as advised by Gordon in a previous post and this gave a general list of work related activities. Is work focused interviews regarded as a work related activity for the purpose of exceptional circumstances? It seems to me that say I can have a WFI provided I am accompanied by a friend, then I do not qualify for exceptional circumstances because I can do one activity. Is this right?

bisley wrote: I am sorry to be so dim. I still need clarification about the criteria for exceptional circumstances. I did look at the guide "understanding Esa" as advised by Gordon in a previous post and this gave a general list of work related activities. Is work focused interviews regarded as a work related activity for the purpose of exceptional circumstances? It seems to me that say I can have a WFI provided I am accompanied by a friend, then I do not qualify for exceptional circumstances because I can do one activity. Is this right?

Hi b,

Quoting Gordon :

"3. Regulation 35 is solely concerned with your ability to perform Work Related Activity, so you need to explain why you cannot perform this, the list of activities does not have to be exhaustive, the onus is on the DWP to show that that there is WRA that you could perform, but you should give some thought to activities you could perform at home, such as a Work Focussed Interview over the phone."

From : Here.

You would have to show that you fulfilled ESA Reg 35. (2) (a) & (b) :

" 35. (2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

From :

ESA Reg 35 for entry to The SG (LCWRA)

In that (a) you do suffer from some specific disease or bodily or mental disablement.

You would prove this with your medical evidence,

And (b) Due to this, you or someone else would suffer a "Substantial Risk" to health if you were not placed into The SG, but placed into The WRAG where you would be compelled to take part in WRA.

So you would have to show how and why there would be a Substantial Risk to your own or someone else's health if you had to take part in WRA.

As Gordon has stated, WRA can take many forms :

Work Focused Interviews

Work Programme

From a training course to voluntary work to something as undemanding as a telephone interview.

You should try and show, covering as many of the above forms of WRA as possible, how and why there would be a Substantial Risk.

It would then be down to The DWP to provide details of what type of WRA you may have to take part in, if you were to be placed into The WRAG rather than The SG.

bro58

Gordon,

Nearly 3 weeks ago , you referred my post to the Office. I said that I could not find the "detailed guide to Work-Focused Interviews". There is a link to this on page 9 of the guide to ESA but this does not work. What is happening, please?