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re work focus interview and work programme
- tango
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9 years 2 months ago #131180 by tango
re work focus interview and work programme was created by tango
my partner is in the wrag group of ESA and is a full time carer for my dad. She had a work focused interview and placed into the work programme. When she attended the work programme she was told by her advisor that she did not need to attend because she was a full time carer. She subsequently received a letter discharging her from the work programme. all this happened a year ago. Last week she received a letter saying she was going to be sanctioned because she had failed to attend a WFI the week before. She did not attend because she did not receive notification of this appointment. She has been to the dwp this morning about this matter and was informed that she has always been on the work programme and the letter discharging her was not worth the paper it was written on and must attend every 2 weeks to her work programme provider.
I just want some friendly advice about this matter and where she stands as far as law goes.
thanks Tango
I just want some friendly advice about this matter and where she stands as far as law goes.
thanks Tango
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- Gordon
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9 years 2 months ago #131198 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic re work focus interview and work programme
tango
You say your partner is a full time carer for your father, do they receive Carers Allowance or the Carers Premium?
If they do then they should be excused from the Work Programme, however, they would still be required to attend WFIs.
If she did not receive the invitation to the WFI then you can appeal on this basis, the first stage to this is to request a Mandatory Reconsideration, see our ESA MR & Appeal guide for more information.
www.benefitsandwork.co.uk/help-for-claimants/esa1
I would also issue a Subject Access Request (SAR) for a copy of the Invitation Letter and details of when it was sent, the specific person it was sent to and the address used. See
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
I am afraid that if a sanction has been issued then your partners ESA may be reduced until they actually attend a WFI, it is not unusual for the DWP to not make a further invitation for some time, so they should contact the advisor to make a new appointment as soon as possible to remove the sanction.
If we can help more then please reply to this post.
Gordon
You say your partner is a full time carer for your father, do they receive Carers Allowance or the Carers Premium?
If they do then they should be excused from the Work Programme, however, they would still be required to attend WFIs.
If she did not receive the invitation to the WFI then you can appeal on this basis, the first stage to this is to request a Mandatory Reconsideration, see our ESA MR & Appeal guide for more information.
www.benefitsandwork.co.uk/help-for-claimants/esa1
I would also issue a Subject Access Request (SAR) for a copy of the Invitation Letter and details of when it was sent, the specific person it was sent to and the address used. See
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
I am afraid that if a sanction has been issued then your partners ESA may be reduced until they actually attend a WFI, it is not unusual for the DWP to not make a further invitation for some time, so they should contact the advisor to make a new appointment as soon as possible to remove the sanction.
If we can help more then please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tango
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9 years 2 months ago #131199 by tango
Replied by tango on topic re work focus interview and work programme
she gets carers allowance Gordon
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- Gordon
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9 years 2 months ago #131206 by Gordon
You should ask the DWP why they have placed her on the Work Programme when she receives CA, but as previously posted this does not excuse her from attending WFIs when required.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic re work focus interview and work programme
tango wrote: she gets carers allowance Gordon
You should ask the DWP why they have placed her on the Work Programme when she receives CA, but as previously posted this does not excuse her from attending WFIs when required.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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