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  • Gordon
08 Mar 2024 13:43

In Support Group, still harassed to attend work appointments by JobCentre

Category: ESA, PIP and DLA Queries and Results

D

I've had a look through the 2013 Legislation for ESA and I can't see any exemption for members of the SG in regard to attending Work-Focused Interviews.

Have you contacted your Work Coach to see whether the WFI can be carried out over the phone as a reasonable adjustment?

I used to have these, They would ask "is there anything we can do to help you into work", I would reply "no" and that, literally, would be it for another three years, eventually they got the message and stopped asking me.

Also, check your Claimant Commitment it may need updating now that you have an award.

Gordon
  • dancer22
13 Sep 2023 09:46

Migration to UC from Working Tax Credit when working part time

Category: ESA, PIP and DLA Queries and Results

If your son requires an appointee then this could apply
Appointee in place
J3271 In all appointee cases the need for a claimant to accept a claimant commitment is waived (see further guidance in ADM Chapter J1) and work-related requirements are switched off. There should be no mandatory activities, including mandatory WFI's and no sanction action taken.
See
www.gov.uk/government/publications/advic...n-making-staff-guide
Chapter J1: The claimant commitment
  • Gordon
06 Jun 2023 00:45
Replied by Gordon on topic PIP & ESA Contribution

PIP & ESA Contribution

Category: ESA, PIP and DLA Queries and Results

YorkshireRose

This is a standard letter not everything in it applies to all claimants.

First the reference to a year, the law states that claimants can only receive New Style ESA for 365 days if they are not in the LCWRA group also known as the Support Group. This can only be challenged on the basis that you have not spent 365 days on ESA without being in the SG.

THe reference to Work Focussed Interviews applies to claimants who are in the LCW group and still receiving ESA payments. If you are not being paid ESA due to the 365 limit then you should not be required to attend WFIs.

If you appeal for the LCWRA group, then the 365-day limit will still apply but if you are successful then a back payment will be made for any lost payments and you will also recover the 365 days as this appears to be the first Decision on your claim.

Our ESA guides cover making an MR request and going onto appeal, see the Guides link at the top of the page.

Gordon
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