"Post Work Programme" interview and Support Group

Hello everyone,
I'm asking on behalf of my mother.

My mother was placed in the WRAG group a few years ago and as such was placed on the "work programme" officially. After a short time she was placed in the Support Group because she got worse and the "work programme" providers accepted she no longer had to take part in Work Focused Interviews or Work Related Activity.

However they told her that since she started the work programme she had to finish it and that they would instead phone her every few months as a "light touch" action until her time in the work programme ended - never compelling her to complete any WRA.

Now the work programme has officially ended she has received a "Post work programme" letter from the job centre. ( Scan of information letter available here )

She is being asked to attend an interview regarding a further 6 month period of intensive job search activity I understand from what I've read online.

My questions are :
Is this considered a Work Focused Interview which she can opt out of?

Do we have to attend the interview but state that she doesn't have to partake in any WFI or WRA?

Does simply attending the interview appointment, as some have suggested here, count as participating voluntarily in the "post work programme" and accepting the conditions?

Is this "post work programme" considered separate from the "work programme" which she was told she had to complete since she was enrolled?

If anyone has the most up to date legislation stating that people in the Support Group, even those that transition while on the work programme, do not have to take part in WFI/WRA - that'd be much appreciated as mine might be a bit out of date.

Thank you for reading,
Gavin

GavinPotato wrote: Hello everyone,
I'm asking on behalf of my mother.

My mother was placed in the WRAG group a few years ago and as such was placed on the "work programme" officially. After a short time she was placed in the Support Group because she got worse and the "work programme" providers accepted she no longer had to take part in Work Focused Interviews or Work Related Activity.

However they told her that since she started the work programme she had to finish it and that they would instead phone her every few months as a "light touch" action until her time in the work programme ended - never compelling her to complete any WRA.

Now the work programme has officially ended she has received a "Post work programme" letter from the job centre. ( Scan of information letter available here )

She is being asked to attend an interview regarding a further 6 month period of intensive job search activity I understand from what I've read online.

My questions are :
Is this considered a Work Focused Interview which she can opt out of?

Do we have to attend the interview but state that she doesn't have to partake in any WFI or WRA?

Does simply attending the interview appointment, as some have suggested here, count as participating voluntarily in the "post work programme" and accepting the conditions?

Is this "post work programme" considered separate from the "work programme" which she was told she had to complete since she was enrolled?

If anyone has the most up to date legislation stating that people in the Support Group, even those that transition while on the work programme, do not have to take part in WFI/WRA - that'd be much appreciated as mine might be a bit out of date.

Thank you for reading,
Gavin

Hi G,

Once an ESA claimant is placed into The SG, they no longer have to take part in WFI's or WRA, this obviously includes The Works Programme.

They can do so on a purely vountary basis, but cannot be compelled to do so.

See :

DMG Chapter 53 53014. 2.

53014 The conditions1 referred to in DMG 53013 are that the claimant is

1. entitled to ESA or an advance award of ESA has been made (DMG 53200 et seq)

and

2. not a member of the support group

and

3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75) and

4. not a person who is only entitled to ESA(Cont) payable at nil rate

5. not a lone parent who is responsible for and a member of the same household as a child aged under one.

From : www.dwp.gov.uk/docs/dmgch53.pdf

As you don’t have to comply with WFI’s you don’t have to comply with WRA or The WP, either.

See also :

ESA Reg 54. (2) (b)

Requirement to take part in a work-focused interview

54.—(1) The Secretary of State may require a claimant who satisfies the requirements in paragraph (2) to take part in one or more work-focused interviews as a condition of continuing to be entitled to the full amount of employment and support allowance payable to the claimant.

(2) The requirements referred to in paragraph (1) are that the claimant—
(a)is either—

(i)entitled to an employment and support allowance;

or

(ii)a person in respect of whom the Secretary of State has made an award under regulation 146(1);

(b)is not a member of the support group;

(c)has not reached the age at which a woman of the same age as the claimant would attain pensionable age;

and

(d)is not only entitled to a contributory allowance payable at a nil rate.

(3) Any requirement to take part in a work-focused interview ceases to have effect if the claimant ceases to satisfy the requirements in paragraph (2).

From :

www.legislation.gov.uk/uksi/2008/794/regulation/54/made

So there you have it in The DM Guide, and in the most recent ESA Legislation.

You could print off the relevant sections as a reference.

bro58

Thank you very much bro58 the information was very helpful!

Just as a follow up :
We rang today and asked to cancel the appointment since my mother didn't want to attend.
They tried to convince her to go saying it was just to tie things up -
She stated she didn't want to go again and they cancelled the appointment without too much fuss.

I did a little more research and found a FOI request about the specific "Post work programme" interview that others might find helpful as it outlines exactly who are voluntary groups and what it's about :

www.whatdotheyknow.com/request/172593/re...gramme%20Support.pdf

www.whatdotheyknow.com/request/post_work_programme_guidance

Best of wishes,
Gavin

GavinPotato wrote: Thank you very much bro58 the information was very helpful!

Just as a follow up :
We rang today and asked to cancel the appointment since my mother didn't want to attend.
They tried to convince her to go saying it was just to tie things up -
She stated she didn't want to go again and they cancelled the appointment without too much fuss.

I did a little more research and found a FOI request about the specific "Post work programme" interview that others might find helpful as it outlines exactly who are voluntary groups and what it's about :

www.whatdotheyknow.com/request/172593/re...gramme%20Support.pdf

www.whatdotheyknow.com/request/post_work_programme_guidance

Best of wishes,
Gavin

Hi G,

That's good news, thanks for returning to let us know.

Apparently, one of the reasons why some of these WPP like to persuade claimants who have been in The WRAG and are then placed into The SG to carry on with the process, is because they receive payments for their services in stages.

So, where someone as above, may state that as it becomes voluntary once in The SG , that they no longer wish to take part, the WPP can end up out of pocket, "poor things" !!!

bro58