WFI and WRAG whilst employed and paid PHI

Have any of you come across this situation before and, if so, could you please give me some advice?

I have been ill since 2000, was on IB, completed ESA50 in December, had medical in April when I was put in WRAG which I am going to appeal. However … I am still retained and paid under a PHI scheme run by my employers so pay tax and NI through their pay roll.

Historically (although they were privately run) the schemes deducted the amount of IB from your PHI payment so you had to claim the benefit money SSP then IB or lose that amount from what you thought you were going to receive. Therefore, I receive a "salary" from my employer.

I have telephoned the DWP and asked how I can attend “back to work type” interviews and job related activities when I already have an employer, they were not in the slightest bit interested and acted as though they had never heard of the situation or didn’t really believe me. Explained to them that yes, I really did have a job (even though it might only exist in theory now) and if they looked at the NI number I had given them as my part of my security details surely they could confirm that I was still employed!

Have also spoken to my employer (who has called the insurance company who pay me) neither of whom can understand how I can participate in these WRAG schemes if I am employed by them and paying tax and NI.

Has anyone else had this problem, I am not sure what I am supposed to do in this situation? I can't see how I am to engage with an advisor in a genuine manner when there is nothing they can help me with to find work - even in a preparatory way. (My employers are a large London law firm and I am now based in South Devon!)

Second question is related to attending a JC Plus when you have medical conditions that make travelling and attending one difficult and possibly dangerous for you. I have epilepsy and brittle asthma (as well as mobility problems, nerve damage etc.)

I am not going to refuse to attend but would have to be taken 12 miles away by my carers (70s plus parents). My mother (who has had to pick up the pieces in the past) would like to know who is going to take responsibility if I have a seizure or an asthma attack during one of their mandatory activities. She is ill herself - insulin dependent and Stage IV kidney failure amongst other things so could do without being bothered with all of this. Again, the DWP said it would be up to the Advisor whether or not I had to attend the JC Plus however ill I might be.

Who would be responsible for me or would it just be tough if I am ill?

Again, sorry for another long posting and thank you for any help.

T.Loopy

Thank you for your prompt response.

I'm already planning to appeal on the grounds that my lack of mobility was not taken into account as I have great difficult walking - ignored by nurse who admit she only saw me mobilise over 3m in waiting room (with crutch, breathlessness, pain etc.).

I appreciate that I cannot be forced into work of any kind and that my contributions based ESA will actually end in November which is when the ESA50 was sent out to me. After that I won't be entitled to anything unless I get into the Support Group - my income will be too high.

Following that I suppose it won't be a problem because I could tell them to get stuffed if they aren't paying me ESA so there is a limited worrying period - except that I will be scared about a possible impact on my DLA award.

I've already contacted my employers and I am aware that, unfortunately, the insurance payments won't cover the removal of any benefit payments. As our HR Department said, they never expected the government to remove what had been the equivalent of statutory sick pay / IB after a year.

Thanks for the info. I am aware that I will have to comply, I am only hoping that they will be reasonable.

T.Loopy

Hi Gordon and thank you.

Initially the DWP told me (on the telephone) that ESA CB payments would finish in November but, having checked their recent letter, I see that the date they ended my IB award was the 8th May 2013 rather than November 2012. If it's a year from then, this will be excellent financially if I don't get into the Support Group; not so good if I have problems with an unreasonable advisor at the JC+, but swings and roundabouts.

Thank you for pointing that out to me as I took the DWP's word that it was 365 days from the date they sent the ESA50 out to me.

Re. question 1: Am aware of this but don't think it would cause me too many problems as even the ATOS nurse has admitted that I have "reduced grip" in wrists and hands on both sides. I also have severe asthma which would make it impossible for me to propel a wheelchair, she admitted that I was breathless from talking.

Many thanks for your help.

Although I have not been around on your site for a long while (other than keeping up to date with the News section) I have used your Guides in the past for successful IB and DLA claims and cannot stress enough just what a life-saver you all are.

T.Loopy

Hi T.Loopy

Also, under The Equality Act 2010, all employers and public servants such as the Job Centre are obliged to make reasonable adjustments which involves phoning you instead of your having to attend which Gordon already mentioned. I know people who have even been able to text. All requests from them have to take account of your disabilities so if they asked you to travel in when it's miles from home or causes you significant pain then that would be unreasonable of them.