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Finishing the WRAG group questions

  • Richard
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8 years 9 months ago #137868 by Richard
Finishing the WRAG group questions was created by Richard
Hi

I hope someone could help me please with a few questions

A couple of years ago my partner, Marion took yet another ATOS medical and was placed in the WRAG group, she had previously always been signed off on Income Support/ IS, as she suffers with Extreme Anxiety/ Social Phobia.

She decided that she'd rather not go through the agro of another appeal, and carried on in the WRAG group, believing that there would be another medical in the following year, and that she would receive some help in the group, the Medical basically never came, can someone please explain why ?

In the WRAG group she had to go to their offices about once a month, where she would sit and talk to them for about 10 minutes, tell them how she was feeling, usually how bad she was feeling, and then left; At no point was she offered any support groups, or any sort of training. ( apparently, she's not the only one who got nothing from this particular service )

Anyway, it went on like this for the whole 2 years without anyone helping her or anything, so now she has finished, and got an appointment with the adviser at the local Job Centre, where she has been told she has 2 weeks to find some sort of "Work" either permitted, or Voluntary or she will be sanctioned !.

Now during all of this time she hasn't got magically better, and is now terrified because she can't even go out on her own, and is now being forced to find a job.

She does have appointments with the local Mental health team, and I have been advised to get her to engage with the Richmond Fellowship.

Can anyone please explain why there seems to have been no help, No Medical, no Nothing, and then you are supposed to be all fit and well to work ?, and also some ideas as to what her next step should be, because I just feel this could bring on another complete relapse in her mental health.

Thank you in advance.

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8 years 9 months ago #137877 by Gordon
Replied by Gordon on topic Finishing the WRAG group questions
Richard

I am afraid that while your wife remains in the WRAG she is required to attend Work Focussed Interviews and to perform Work Related Activity at risk of sanction is she does not comply.

It sounds as she has spent two years on the Work Programme and has now returned to the "care" of the JC+.

However, she is not required to work or even to seek work, so if her JC+ advisor did indeed say that she needs to find some work either Permitted or Voluntary then they would be exceeding their authority and you might want to raise the issue with their supervisor if they continue down this route.

Many ESA re-assessments have been delayed because of the number of people going through the system and this may explain why she has not been re-assessed. If you can show that her conditions have deteriorated since she was placed in the WRAG or that she now has a new condition, such that she would now qualify for the Support Group, then you can ask for claim to be re-assessed.

Unfortunately she will remain in the WRAG until a new Decision is made on her claim and subject to any requirements placed on her. That said, her advisor must take into account her stated limitations when asking her to perform WRA.

You should have a look at our ESA Claim guides to see whether she would meet the criteria for the SG, there is also a guide to activities in the WRAG and avoiding sanctions.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Richard
  • Topic Author
8 years 9 months ago #137916 by Richard
Replied by Richard on topic Finishing the WRAG group questions
Dear Gordon

Thank you so much for the in depth reply.

I find it interesting that as the JC+ lady as good as said that she would be sanctioned if she did not start some form of work, although did say that to meet the minimum requirement that she should do some Voluntary or Permitted work, (Maybe I did not explain this fully in my initial question ).

So what I get from your reply is the there "Should" have been another medical/ ESA re-assessment by now, but due to a backlog this hasn't happened yet, but she needs to do whatever is required to comply with the "Work Related Activity " part of the program.

I will check the guide fully, and thank you again for your help, you guys are always so helpful.

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8 years 9 months ago - 8 years 9 months ago #138261 by naheegan
Replied by naheegan on topic Finishing the WRAG group questions
Gordon (or any other Mod), could I please ask for a source for a comment in your last post:

That said, her advisor must take into account her stated limitations when asking her to perform WRA.


In what piece of legislation or Guidance can I find this information?
Is it part of legislation, part of Guidance Notes or something else?
And can anyone direct me to the document and any sort of referencing number within the document that specifically states this, please?

Thank you :)
Last edit: 8 years 9 months ago by bro58.

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  • bro58
8 years 9 months ago - 8 years 9 months ago #138274 by bro58
Replied by bro58 on topic Finishing the WRAG group questions

naheegan wrote: Gordon (or any other Mod), could I please ask for a source for a comment in your last post:

That said, her advisor must take into account her stated limitations when asking her to perform WRA.


In what piece of legislation or Guidance can I find this information?
Is it part of legislation, part of Guidance Notes or something else?
And can anyone direct me to the document and any sort of referencing number within the document that specifically states this, please?

Thank you :)


Hi n,

See this extract (with my emboldened underlined emphasis) :

"Mandatory ESA participants - All mandatory ESA participants (regardless of whether they have opted for early entry) can be required to undertake work-related activity that is reasonable in their circumstances. You can support ESA participants to apply for and take up work, but you may not mandate these participants to apply for jobs, undertake medical treatment, take up work or unpaid work experience."

From Chapter 2. Page 2 of the following document : Chapter 2: Work Programme claimant groups on : This Page.

See also : Chapter 4b: safeguarding and vulnerability. on the same page.

As The DWP and all Work Programme Providers are Public Service Providers, they have to abide by The Equality Act 2010. (EA2010)

If the claimant fulfils the : Definition of disability under the Equality Act 2010. they are duty bound to make Reasonable Adjustments with respect to any limitations/disabilities and needs that the claimant may have, when requiring the claimant to take part in any form of WRA.

As laid down in : Sections 20-21 Duty to make adjustments, of EA2010.

They also have a duty of care to the claimant under : Section 149 Public sector equality duty of EA2010.

Of course you would have to inform a DWP JC Plus Adviser/ WPP that you did fulfil the definition of a disabled person, and what "Reasonable Adjustments" are required, giving reasons.

bro58
Last edit: 8 years 9 months ago by bro58.

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