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ESA WRAG SANCTIONS

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11 years 8 months ago #92134 by Asbo
ESA WRAG SANCTIONS was created by Asbo
A friend of mine is having problems in the WRAG and I’d said I’d try and find out any advice for him. Basically, he’s been told he has to go on a ‘training course’ or he will lose £28.15 – his work-related component. He asked about voluntary work and was told that it would qualify as an ongoing 'work-related activity' but only after he’d done the course first. He’s wondering if he should appeal. He's feeling coerced

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11 years 8 months ago #92138 by Gordon
Replied by Gordon on topic Re:ESA WRAG SANCTIONS
Asbo wrote:

A friend of mine is having problems in the WRAG and I’d said I’d try and find out any advice for him. Basically, he’s been told he has to go on a ‘training course’ or he will lose £28.15 – his work-related component. He asked about voluntary work and was told that it would qualify as an ongoing 'work-related activity' but only after he’d done the course first. He’s wondering if he should appeal. He's feeling coerced

This is a bit beyond what we can normally advise on, but as far as I am aware, until a Decision to sanction his payments has been made then there is no right of appeal.

This training course should form part of his action plan, whilst in principle this should be something that both the claimant and the advisor should agree between them, the reality is that the claimant has little right to refuse Work Related Activity unless they have Good Cause. Good cause could be that it conflicts with medical treatment, or some personal activities (e.g. funerals, etc.), but on the whole the major example would be that it would be be detrimental to their health.

I think it unlikely that wanting to do something else in preference, would be accepted as Good Cause.

Gordon

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

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  • bro58
11 years 8 months ago #92141 by bro58
Replied by bro58 on topic Re:ESA WRAG SANCTIONS
Gordon wrote:

Asbo wrote:

A friend of mine is having problems in the WRAG and I’d said I’d try and find out any advice for him. Basically, he’s been told he has to go on a ‘training course’ or he will lose £28.15 – his work-related component. He asked about voluntary work and was told that it would qualify as an ongoing 'work-related activity' but only after he’d done the course first. He’s wondering if he should appeal. He's feeling coerced

This is a bit beyond what we can normally advise on, but as far as I am aware, until a Decision to sanction his payments has been made then there is no right of appeal.

This training course should form part of his action plan, whilst in principle this should be something that both the claimant and the advisor should agree between them, the reality is that the claimant has little right to refuse Work Related Activity unless they have Good Cause. Good cause could be that it conflicts with medical treatment, or some personal activities (e.g. funerals, etc.), but on the whole the major example would be that it would be be detrimental to their health.

I think it unlikely that wanting to do something else in preference, would be accepted as Good Cause.

Gordon


Just to add to Gordon's good advice, the sanction rules are as follows :

50% of the amount of the work-related activity component for the first 4 benefit weeks.

100% of the amount of that component for each subsequent benefit week.

bro58

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11 years 8 months ago #92144 by Gordon
Replied by Gordon on topic Re:ESA WRAG SANCTIONS
Asbo

Just to add another point.

The advisor does not have authority to impose a sanction, only to recommend one, this can only be done by a Decision Maker who must consider all of the circumstances of the situation.

Gordon

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

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11 years 8 months ago #92147 by Asbo
Replied by Asbo on topic Re:ESA WRAG SANCTIONS
Thanks Gordon and Bro58.
Yes, I knew about the Good Cause and would have thought that health issues ie feeling stressed or anxious would be a very good cause especially if you had medical back up.

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  • bro58
11 years 8 months ago #92149 by bro58
Replied by bro58 on topic Re:ESA WRAG SANCTIONS
Asbo wrote:

Thanks Gordon and Bro58.
Yes, I knew about the Good Cause and would have thought that health issues ie feeling stressed or anxious would be a very good cause especially if you had medical back up.


Hi A,

If your friend has "medical back up" to help prove that he should not have to attend WFI or WRA, then potentially he may qualify for Support Group entry, as he has "Limited Capability for Work Related Activity".

WFI's are classed as Work Related Activity.

bro58

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