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WFI though I am a carer
- 4thelonious
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12 years 3 weeks ago - 12 years 3 weeks ago #102556 by 4thelonious
WFI though I am a carer was created by 4thelonious
I've been put onto income-based ESA (WRAG) with the Carer's Premium as I care for my wife. I was asked to come to a work-focused interview. I read on B & W's ESA faq's that, “A partner who is undertaking significant long term caring responsibilities that make the prospect of work, paid or unpaid, unlikely at the present time may have their WFI deferred”. So I wrote in explaining my circumstances and asking for my WFI to be deferred. As I didn't get an answer I phoned the jobcentre put the same thing to them, but I was told that sorting out my issue was part of the purpose of the WFI and that I should go along to the interview. So I went, the lady was quite nice but in answer to my questions told me the WFI was mandatory, that she wouldn't refer me to the work programme this time and that she would see me again in two months. She also implied that eventually I would have to take part in some kind of work-related activity unless I could get myself into the support group.
So what can I do now? Complain that the jobcentre are ignoring the regulations concerning carers and work-related activities? Am I right in saying that the relevant regulations are the ESA (Work-related activity) regulations for 2011 para 3 (2)? And, since these regulations seem to excuse me from all work-related activity, why can't I ask for my WFI's to be waived altogether rather than merely deferred?
So what can I do now? Complain that the jobcentre are ignoring the regulations concerning carers and work-related activities? Am I right in saying that the relevant regulations are the ESA (Work-related activity) regulations for 2011 para 3 (2)? And, since these regulations seem to excuse me from all work-related activity, why can't I ask for my WFI's to be waived altogether rather than merely deferred?
Last edit: 12 years 3 weeks ago by . Reason: Tick.
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12 years 3 weeks ago #102561 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WFI though I am a carer
Kenny
I am afraid you have misread the advice
it is the partner that is excused if they are providing substantial care, not the claimant, even if they are providing care, however, you should be excused from having to carry out Work Related Activity.
Gordon
I am afraid you have misread the advice

Gordon
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- 4thelonious
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12 years 3 weeks ago - 12 years 3 weeks ago #102602 by 4thelonious
Replied by 4thelonious on topic WFI though I am a carer
Thank you for that Gordon, I should have read the advice more carefully. I'm a bit confused though – I'm required to take part in the WFIs but not in the work-related activity. So what is the actual purpose of the WFIs in my case?
Last edit: 12 years 3 weeks ago by Gordon.
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12 years 3 weeks ago #102604 by Gordon
Interesting question
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic WFI though I am a carer
KennyF wrote: Thank you for that Gordon, I should have read the advice more carefully. I'm a bit confused though – I'm required to take part in the WFIs but not in the work-related activity. So what is the actual purpose of the WFIs in my case?
Interesting question

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