Getting Work Focussed Interview over phone

If a person in WRAG would get a worsening of health symptoms as a result of the Work Focussed Interviews and as a result has had several interviews over the phone, but the job centre then says they have to see them in person and mentioned that they do travel to hospital appointments, what options are available to the claimant to still get a phone appointment and what can the DWP/job centre insist on?

Gateway wrote: If a person in WRAG would get a worsening of health symptoms as a result of the Work Focussed Interviews and as a result has had several interviews over the phone, but the job centre then says they have to see them in person and mentioned that they do travel to hospital appointments, what options are available to the claimant to still get a phone appointment and what can the DWP/job centre insist on?

Hi Gw,

Welcome to Benefits and Work

Being in The WRAG means that you must take part in Work Related Activity (WRA), which includes Work Focussed Interviews. (WFI)

Failure to do so can result if the Personal Allowance part of your ESA being sanctioned.

What they cannot do is force you to actively seek or take up employment.

See :

Work Focused Interviews

Work Programme

&


Changes to ESA Sanctions

It is up to The JC Plus Adviser's discretion on whether they defer WFI's or carry them out over the phone.

They should however take into account your limitations/disabilities when requiring you to take part in any WRA, and make "Reasonable Adjustments" as covered under : Section 20 of EA 2010 , where necessary.

The only way that you would not be compelled to take part in any WRA, would be if you could gain access to The Support Group. (SG) due to a change or deterioration in your medical conditions to such an extent that you could show that you now qualify for The SG under at least one of : The Functional SG (LCWRA)Schedule 3 Descriptors or, if not under any of those, under : ESA Reg 35 for entry to The SG. (LCWRA)

In particular with ESA Reg 35, you would have to show that there would be a "Substantial Risk" to your health or that of another if you continued to be compelled to take part in any form of WRA.

See : Qualifying for the Support Group

From our : ESA FAQ’s

&

ESA Claims Guides

To be reviewed for entry to The SG you would have to report a Change of Circumstances (C of C) by letter, and request a review/supersession of your WRAG award.

Sending Documents to the DWP.

This would involve a fresh WCA, the filling in of another ESA50, and the possibility of a face to face assessment.

This fresh WCA could put your existing WRAG award at risk !!!

bro58

Thank you very much for your reply, bro58.