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WRAG & Sanctions

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5 years 4 months ago #222210 by 18BG
WRAG & Sanctions was created by 18BG
I was previously in the ESA (Support Grp) for 6 years and getting CB ESA. I am now in the WRAG after a Tribunal Hearing and this was backdated to Nov 2017, the date of my assessment.

Having had 365 days of CB ESA in WRAG, I am not getting anything anymore as I do not qualify for IB ESA, other than the NI credits. DWP have informed me of this in writing, which I assume must be correct?

I already have the required 35 full years of NI Contributions to qualify for a full state pension when I turn 67 in 2029!

My questions are:-
1) Is there any point of attending the WRAG as the chances of being able to return to work, according, to me are practically nil?
2) What sanctions can the DWP impose on me for non attendance of WRAG other than not crediting me with the Ni contributions?
3) Will my non attendance affect my chances of being reinstated in the SG at my next assessment, last one being Nov 2017?
4) Am I missing some other point?

Fyi, I have applied for PIP on the advice of the medical member at the Tribunal.

Thanks.

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5 years 4 months ago #222222 by Gordon
Replied by Gordon on topic WRAG & Sanctions
18BG

If you have what is called a Credits Only claim then you cannot be required to participate in any Work Related activity or to attend Work Focused Interviews. As WRA and WFI do not apply you cannot be sanctioned.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: 18BG

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5 years 3 months ago #223843 by 18BG
Replied by 18BG on topic WRAG & Sanctions
Hi Gordon
Yesterday I received a reminder text from DWP about my 1st meeting with my Work Coach tomorrow.

As I am now only getting NIC credit, as referred to in my previous post, I rang the Work Coach as a courtesy to explain that when the 1st meeting was arranged I was still getting WRAG ESA (Contribution) and now things have changed.

I also mentioned to her that I have, since the meeting was arranged, received a letter from DWP which reads as follows:-
"In Order to continue to be credited with NIC you may be required to provide medical evidence or attend WCAs. We will tell you if you need to do this."

I have received any other correspondence from DWP.

The work coach is insisting that I need to attend this First Meeting with her. If I don't she will refer me for sanctions and another meeting will then be rescheduled.

Please advise URGENTLY whether I should attend this 1st meeting tomorrow or what Chapter & Verse of the DWP guidance I can quote to her for not attending.

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5 years 3 months ago #223863 by Gordon
Replied by Gordon on topic WRAG & Sanctions
18BG

Refer them to the ESA Regulations 2008

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.

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

Gordon

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

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5 years 3 months ago #223888 by 18BG
Replied by 18BG on topic WRAG & Sanctions
Thank you very much Gordon.

When I told the work coach during my earlier tel conversation that I had sought advice from an independent organisation about this point, she told me that the DWP make the rules and no organisation is in a position to tell the DWP how to interpret the rules.
What a cheek!

I tried calling her at 4.59 pm but she did not answer. Will phone her tomorrow morning and update you on outcome.

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5 years 3 months ago #223900 by Gordon
Replied by Gordon on topic WRAG & Sanctions
18BG

I wonder what they think they will sanction if your ESA is not being paid?

Gordon

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

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