ESA first contact appointment

Hi my daughter has recently been placed into support group and today received a letter headed First Contact ESA to attend an appointment at job centre
it does say within the letter that it is a group presentation and that they are offering her the opportunity to attend.

so before i phone and cancel am i right in thinking that as she is in support group that she does not have to attend and it won't affect her benefit ?

hicky1 wrote: Hi my daughter has recently been placed into support group and today received a letter headed First Contact ESA to attend an appointment at job centre
it does say within the letter that it is a group presentation and that they are offering her the opportunity to attend.

so before i phone and cancel am i right in thinking that as she is in support group that she does not have to attend and it won't affect her benefit ?

Hi h1,

Yes, you are correct, in that claimants in The SG cannot be compelled to take part in any form of WRA, although they can do so voluntarily.

As confirmed in :

DMG Chapter 53 @ 53014. 2.

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

1. entitled to ESA or an advance award of ESA2 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 : DM Guide CH 53.

See also ESA Regulation 54 (2) (b)

As one doesn't have to comply with WFI’s you don’t have to comply with WRA either.

Just in case this appointment is not classed as a form of WFI/WRA, and more of a "Compliance Check", you should read Gordon's post summarising information regarding such scenarios which can be found in : The Spotlight Area.

As advised, you can challenge them to ascertain exactly "what" the interview is pertaining to, and whether it is Mandatory or Voluntary.

You can then make an informed decision on whether to attend.

bro58

the exact wording of letter is
''in order to assist your move closer to work, i would like to offer you an appointment to attend a group presentation at the job centre to explain the additional support and advice available. Advice on benefits, tax credits, earnings and ideas and suggestions to help you think about moving closer towards employment.

it is important that you intend as it will help you make the transition from benefits into work appointment will last 30 minutes. ''

signed off by a work coach

so does this seem more like a WFI so don't need to attend

hicky1 wrote: the exact wording of letter is
''in order to assist your move closer to work, i would like to offer you an appointment to attend a group presentation at the job centre to explain the additional support and advice available. Advice on benefits, tax credits, earnings and ideas and suggestions to help you think about moving closer towards employment.

it is important that you intend as it will help you make the transition from benefits into work appointment will last 30 minutes. ''

signed off by a work coach

so does this seem more like a WFI so don't need to attend

Hi h1,

The wording does seem to imply that the appointment is pertaining to "Work Related Activity". (WRA)

That being the case, your Daughter cannot be compelled to take part.

I would still contact them to check, and you can even cite DM Guide CH53 Para 53014. 2. and ESA Regulation 54. (2) (b) to them, if they get "bolshy" !!

Merry Xmas !!!

bro58

I've just called the woman at job centre She was quite pushy I told her that my daughter was in support group and didn't need to attend as stated on paper work. She admitted it wasn't mandatory but could be useful as maybe there is something they could do to help her into work even if just an hour a week or day . I said she won't be attending as not required to as in support group due to her extensive disabilities. Was told to put it in writing requesting no appointments getting my daughter to sign to confirm. So I will be posting it through job centre letter box tomorrow

hicky1 wrote: I've just called the woman at job centre She was quite pushy I told her that my daughter was in support group and didn't need to attend as stated on paper work. She admitted it wasn't mandatory but could be useful as maybe there is something they could do to help her into work even if just an hour a week or day . I said she won't be attending as not required to as in support group due to her extensive disabilities. Was told to put it in writing requesting no appointments getting my daughter to sign to confirm. So I will be posting it through job centre letter box tomorrow

Hi h1,

Glad that you got it sorted !

Yet another example of JC Plus Advisers "trying it on" !!

What starts off as being "Voluntary" can end up being "Mandatory" once the claimant agrees to it !!

You shouldn't really have to write any such letters.

However, it may be prudent to do so , and as well as hand delivering a letter, you may also wish to post a copy, you will then have proof of posting and delivery !

Sending Documents to the DWP.

bro58