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Job Centre interview

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8 years 6 months ago #143729 by Mr Jones
Job Centre interview was created by Mr Jones
I have been placed in the support only recently after a mandatory reconsideration which took 7 months with the help and support of this site. However I have just received a letter as well as my partner from the local job center asking her to come for an interview. She works part time and the letter states that the interview is to talk about " looking for paid work" i.e. my partner. My question is what difference would my partners income have on my ESA now that I'm in the support group, and why if the amount of benefit remained the same as when I was in the WRAG with no increase.

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8 years 6 months ago #143748 by Gordon
Replied by Gordon on topic Job Centre interview

Mr Jones wrote: I have been placed in the support only recently after a mandatory reconsideration which took 7 months with the help and support of this site. However I have just received a letter as well as my partner from the local job center asking her to come for an interview. She works part time and the letter states that the interview is to talk about " looking for paid work" i.e. my partner. My question is what difference would my partners income have on my ESA now that I'm in the support group, and why if the amount of benefit remained the same as when I was in the WRAG with no increase.


I'm afraid the DWP can require your wife to attend WFIs as a condition of your continuing to receive your ESA payments.

The appointment should not be more than 10-15 minutes and they cannot require her to seek work or to perform Work Related Activity, so it should just be a formality.

If she would have problems getting to the appointment then she can ask for it to be held over the phone, but they do prefer to see the person on the first meeting.

Gordon

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

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8 years 6 months ago #143793 by slugsta
Replied by slugsta on topic Job Centre interview
If you are on income-related ESA (and have never been entitled to contributory ESA) that will remain even though you are now in the Support Group.

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

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8 years 6 months ago - 8 years 5 months ago #143805 by Mr Jones
Replied by Mr Jones on topic Job Centre interview
Thanks for the response. I now understand its a formality to be interviewed, however I was on ESA CB which expired as I was awaiting a mandatory reconsideration on the grounds of worsening condition and receiving ESA IR . Now in the support group why is her income now relevant to the amount of my award. I thought it was a flat rate.
Last edit: 8 years 5 months ago by bro58.

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  • bro58
8 years 5 months ago - 8 years 5 months ago #143819 by bro58
Replied by bro58 on topic Job Centre interview

Mr Jones wrote: Thanks for the response. I now understand its a formality to be interviewed, however I was on ESA CB which expired as I was awaiting a mandatory reconsideration on the grounds of worsening condition and receiving ESA IR . Now in the support group why is her income now relevant to the amount of my award. I thought it was a flat rate.


Hi MJ,

Being in the Support Group is not relevant to the type of ESA (CB or IR) that you are entitled to !

In either WRAG or The SG you can be entitled to CB ESA alone, IR ESA alone, or CB ESA with IR ESA top-ups.

Payment of CB ESA will always take precedence over payment of IR ESA if you have entitlement to it !!

Receipt of Income Related (IR) ESA is liable to a means test with respect to capital, assets, savings, other household income and any hours worked by a partner.

See : Asset rule for ESA(IR)

&

24 hour work rule for ESA(IR)

As your 365 days entitlement to payment of CB ESA (Whilst not in The SG) expired, you should then have been financially assessed to see whether you could pass the afore mentioned means test for entitlement to payment of IR ESA.

See : 12 Month Limit for ESA(CB)

It seems that you passed the IR ESA means test as you say that you have been in receipt of IR ESA since your 365 days of CB ESA expired.

However, if you have now been placed into The SG as the result of you reporting a Change of Circumstances (C of C) in that your medical conditions have deteriorated, your ESA payments should revert back to CB ESA in The SG from the date that you reported the C of C which instigated the review/supersession of your existing WRAG award.

Once you are being paid CB ESA alone, there is no means test.

Further, if you are not entitled to any IR ESA top-ups for your wife as your partner, (not a couple claim) she should not have to attend any interviews at JC Plus.

If you have been placed into The SG as a result of an MR of the original WRAG decision, then again, you should revert back to CB ESA payments.

The major difference between the MR scenario and you being placed into The SG as a result of you reporting a C of C is that with an MR the SG award should be backdated to the date of your original WRAG award and it will be as if you have never been in The WRAG.

You will regain your entitlement to 365 days payment of CB ESA "whilst not in The SG" and your "CB ESA 365 days clock" will be reset to zero.

So if you were placed into The WRAG once more in the future, you would still have your 365 days entitlement.

It is not clear from your post whether you have been placed into The SG as the result of reporting a C of C, or as the result of requesting an MR of the original WRAG award, as you mention a "worsening condition" !!

Any change or deterioration in your condition since the date of the WRAG award could not be taken into account in an MR of the WRAG award as they only "re-look" at how you were at the time of the WRAG award and not how you have been at any time since.

Anyway, you have information above to cover either scenario, SG as the result of an MR, or SG as the result of a review/supersession due to you reporting a C of C !

bro58
Last edit: 8 years 5 months ago by bro58.

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