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ESA: asked to do voluntary work (against my will)

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7 years 4 weeks ago #185082 by Mathew
I am in ESA WRAG since transferring from IS in 2011/12.

Having previously had Reed as my work programme provider, I was referred to Working Capital in Dec 2016. They are a central London pilot scheme claiming to be more wholistic in their approach and sensitive to the needs of claimants failed by other work programme providers. Unfortunately I have found them wholey appalling - incredibly manipulative, deceitful, intrusive and damaging to my mental health.

They are 'suggesting' I undertake voluntary work (against my will). Can they really make that mandatory, or are they bluffing?

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7 years 4 weeks ago #185102 by Gordon
Mathew

This isn't really an area we deal with on the forum.

While you are claiming ESA you cannot be required to work or to seek work, but you can be mandated to carry out certain types of work experience, however, this must still take into account any limitations that result from your conditions.

This work experience has a very specific definition to allow it to avoid the no work rule, unfortunately I can't find that definition, but I would be surprised if it encompasses voluntary work ,

The key issue is whether the "request" states that it is mandatory or not, if it is not mandatory then it is at your discretion whether you do the voluntary work or not.

If it is mandatory and you believe it is beyond your current capability then you need to escalate the issue to a supervisor.

I'm sorry that I can't be more helpful.

Gordon

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

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7 years 4 weeks ago #185149 by Mathew
Thank you Gordon, it is helpful. If you do remember the 'very specific definition', please could you let me know? I would love to be able to cite it.

I found elsewhere on the site:
www.legislation.gov.uk/uksi/2011/1349/contents/made

And also, from November 2015
www.benefitsandwork.co.uk/news/3203-mand...ment-to-be-announced

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