WFI for Partners

Hi

Not content with hassling me for a new ESA re-assessment my husband and I received a letter from the JC telling him he needs to go for a WFI for partners next Thursday as my claim for ESA is now 26 weeks old or so.

My husband is my carer 24/7 although we currently receive LRC and do not get Carers Allowance. Is my husband allowed to contest that point in this WFI and get it withdrawn. I have been looking on the web this morning but it seems a bit vague. Quite honestly this all seems a complete waste of everyone's time and effort. The advice is voluntary and does not need to be acted so what is the point?

As I am my husband will not be looking for work at any point in the forseeable future so this seems spurious at best. If we do contact them is it acceptable to state that my husband is NOT looking for work due to caring responsibilities now or in the near future? or will they take offence and insist he attends or penalise us in some other way?

They have put a contact number on the letter, do we have good cause for my husband to phone up and explain our situation and ask to be excused. Will they listen? One forum said if the partner has caring or childcare responsibilities they can be excused.

In my latest ESA claim (as before) as well as physical health problems and disabilities, I suffer from social phobia and anxiety and my husband looks after me all the time. This intended interview is expected to last an hour and I don't know how I will manage without him.

They have politely intimated that although partners or another accompanying person can come there is restricted room in the waiting area and I find crowds and unknown places very difficult to deal with so I would really rather not go but I do not think I can cope on my own for an hour. Please advise?

Hi

Does anyone have any advice? Sorry to be impatient but this is making me really anxious?

madcatwoman wrote: Hi

Not content with hassling me for a new ESA re-assessment my husband and I received a letter from the JC telling him he needs to go for a WFI for partners next Thursday as my claim for ESA is now 26 weeks old or so.

My husband is my carer 24/7 although we currently receive LRC and do not get Carers Allowance. Is my husband allowed to contest that point in this WFI and get it withdrawn. I have been looking on the web this morning but it seems a bit vague. Quite honestly this all seems a complete waste of everyone's time and effort. The advice is voluntary and does not need to be acted so what is the point?

As I am my husband will not be looking for work at any point in the forseeable future so this seems spurious at best. If we do contact them is it acceptable to state that my husband is NOT looking for work due to caring responsibilities now or in the near future? or will they take offence and insist he attends or penalise us in some other way?

They have put a contact number on the letter, do we have good cause for my husband to phone up and explain our situation and ask to be excused. Will they listen? One forum said if the partner has caring or childcare responsibilities they can be excused.

In my latest ESA claim (as before) as well as physical health problems and disabilities, I suffer from social phobia and anxiety and my husband looks after me all the time. This intended interview is expected to last an hour and I don't know how I will manage without him.

They have politely intimated that although partners or another accompanying person can come there is restricted room in the waiting area and I find crowds and unknown places very difficult to deal with so I would really rather not go but I do not think I can cope on my own for an hour. Please advise?

Hi mcw,

If you have a look at the FAQ below, you will see the following extract :

"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."

However this is at the discretion of The JCP Adviser.

Work Focused Interviews

I would advise that you ring them ASAP, and inform them of your hubby's caring responsibilities, they can also carry out a WFI over the phone.

You should be prepared for the fact that they might say that your hubby does not have "significant long term caring responsibilities" as you are not in receipt of MR or HR Care of DLA, therefore he is not entitled to or claiming Carers Allowance, or the Carer Premium. Even though being in receipt of CA or the CP does exempt one from being referred to the Work Programme or having to take part in WRA, it still does not exempt one from WFI's.

bro58

Hi Bro

Many thanks for the reply, It is what we thought, that said however I am seriously considering phoning the DLA people and asking for my care needs to be looked at again with a view to increasing my award from LR to MR.

It hit home to me when I was filling in my recent ESA50 how much my hubby actually does do, from helping me wash and dress, to sorting out medication, cooking all the meals, accompanying me everywhere, keeping me safe and generally being with me 24/7. As well as providing emotional and physical support.

I was sort of hoping that my last ESA50 in 2012 might have triggered off an increase in DLA care needs as I have seen this is a possibility on this forum but it didn't happen. I was always just grateful that I got anything at all but as my condition has deteriorated and my care needs have increased I do think this might be a good time to try and see if it could be increased to MR.

Do I just phone the DLA people up and ask for a care needs review. As I am in receipt of HRM I am happy that the mobility side at least is what it should be. Is there a danger my LRC could be removed altogether though and if I do decide to go ahead with a care needs review should my hubby mention this to the JCP people when he rings them? Many thanks.

madcatwoman wrote: Hi Bro

Many thanks for the reply, It is what we thought, that said however I am seriously considering phoning the DLA people and asking for my care needs to be looked at again with a view to increasing my award from LR to MR.

It hit home to me when I was filling in my recent ESA50 how much my hubby actually does do, from helping me wash and dress, to sorting out medication, cooking all the meals, accompanying me everywhere, keeping me safe and generally being with me 24/7. As well as providing emotional and physical support.

I was sort of hoping that my last ESA50 in 2012 might have triggered off an increase in DLA care needs as I have seen this is a possibility on this forum but it didn't happen. I was always just grateful that I got anything at all but as my condition has deteriorated and my care needs have increased I do think this might be a good time to try and see if it could be increased to MR.

Do I just phone the DLA people up and ask for a care needs review. As I am in receipt of HRM I am happy that the mobility side at least is what it should be. Is there a danger my LRC could be removed altogether though and if I do decide to go ahead with a care needs review should my hubby mention this to the JCP people when he rings them? Many thanks.

Hi mcw,

As a request to review your Care Needs would be classed as a Change of Circumstances, (C of C) you would have to write to The DLA Unit, informing them of the deterioration, and providing any evidence that you may have.

There is always a danger that reporting a C of C could result in a downgrading or loss of an existing award.

If you are to request a review, you should do so before the 07/10/13, as if you do so after that, it will result in you being reviewed under PIP criteria rather than DLA.

There is a document regarding reporting a C of C, entitled : "Changes Of Circumstances For People Claiming Disability Living Allowance" under the heading :

"DLA Changes and Renewals"

On this page :

DLA Guides

Your hubby could mention that you are requesting a review of your Care Needs.

Hubby could also say that he will need to bring you with him, due to you not being able to be left alone, if that is the case, this could sway them. However, this would of course depend on whether it was possible for you to attend with him, and whether it was feasible.

bro58

Hi

Thanks again, can I ask how likely is it that a care review could result in complete loss of award. Although morally I feel my care needs have increased and that an MR award would be appropriate for how I am now, I have never pursued it as I do not want to rock the boat and lose what I already have. I was just thankful to get anything.

I am very reluctant to lose my existing award even though I feel I have a very good case. Is it very hard to get an increased award. Thanks.