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Beware of Benefit re-evaluation.

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13 years 2 months ago #67520 by marcali
Replied by marcali on topic Re:Beware of Benefit re-evaluation.
Is it correct that if I got in the WRAG and decided not to participate in the WFIs I would only lose the top-up payment and not the full ESA?

It would be worth it rather than go through the demeaning process of someone far younger and far less qualified than me taking me through a "work-focussed action plan"!

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13 years 2 months ago - 13 years 2 months ago #67523 by Gordon
Replied by Gordon on topic Re:Beware of Benefit re-evaluation.
marcali wrote:

Is it correct that if I got in the WRAG and decided not to participate in the WFIs I would only lose the top-up payment and not the full ESA?

It would be worth it rather than go through the demeaning process of someone far younger and far less qualified than me taking me through a "work-focussed action plan"!

No, most definitely not.

Attendance at WFIs is mandatory, a failure to attend, without good reason can result in sanctions, the initial sanction is 50% of your ESA payments WRA Component, followed by 100% if you still fail to comply.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 2 months ago by Gordon.

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13 years 2 months ago #67524 by cdcdi1911
Replied by cdcdi1911 on topic Re:Beware of Benefit re-evaluation.
Hi Marcali and Gordon

My understanding is that for the first four weeks of failing to take part in a WFI or WRA, 50% of the WRA component will be sanctioned; 100% of the component will be sanctioned thereafter, leaving the claimant on the assessment rate, hopefully whilst appealing. ESA Reg 63

Regards

Derek

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13 years 2 months ago #67527 by Gordon
Replied by Gordon on topic Re:Beware of Benefit re-evaluation.
Derek4 wrote:

Hi Marcali and Gordon

My understanding is that for the first four weeks of failing to take part in a WFI or WRA, 50% of the WRA component will be sanctioned; 100% of the component will be sanctioned thereafter, leaving the claimant on the assessment rate, hopefully whilst appealing. ESA Reg 63

Regards

Derek

That'll teach me to go by memory, rather than checking. :blush:

Gordon

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

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  • qashqai
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13 years 2 months ago #67611 by qashqai
Replied by qashqai on topic Re:Beware of Benefit re-evaluation.
Derek4 wrote:

However DWP guidance states that sanctions are used very sparingly and I have yet to hear of anyone who has been sanctioned for failing to meet their 'action plan' or whatever it's called now, so they are extremely rare.

Regards

Derek


I'm not too sure that in practice the sanction is a last resort judging by what I overheard waiting for my WFI.
I was sat waiting for the adviser to become free, when another person went to her and inquired what action should be taken against a person for non show at an interview.
The adviser seemed to take great delight in telling her to sanction him and stating the start date of the sanction.

So,possibly expect swift retribution if you don't attend a WFI.
I'm not trying to scare anybody, but, they seem to have targets to meet, as the Work program is suggested to you quite regularly.

Of course, none of this ESA rubbish is to save money, they really want to help you :P
Don't know how losing my ESA next August is going to help though :blink:

Steve

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13 years 2 months ago #67614 by cdcdi1911
Replied by cdcdi1911 on topic Re:Beware of Benefit re-evaluation.
Hi Steve

I can assure you that the people who conduct WFIs, whether they are from JCP or a provider contracted by the DWP, do not have the power to sanction a claimant, never mind deciding the commencing date of the sanction.

Sanctions can only be imposed by a DWP decision maker and only if the claimant fails to show good cause for non-attendance. So even if a claimant fails to attend, sanctions cannot be considered without giving the claimant an opportunity to explain.

The reason I believe that these sanctions are quite rare is that I have yet to hear from anybody who posts to this forum of such a sanction. I would of course like to hear from anyone who has been sanctioned for failure to attend a WFI or carry out a mandatory WRA.

Regards

Derek

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