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TOPIC: Work based interview while in support group.

Work based interview while in support group. 3 weeks 1 day ago #186582

Hi

our son is in the support group due to mental health problems he has had since childhood. He is up for reassessment and the application is in. He had an indefinite award ongoing and has never had a f2f before. He received a letter saying if he did not attend the jobcentre for a work based interview. He panicked and called them, they informed him he would have his benefits stopped if he did not attend. He said he could not attend so they have made an appointment for a phone interview, again with the threat that his benefits would be stopped if he did not go through with the interview.

Can they do this, threaten him, he is in terrible state. I can't find anything to say this has changed for the support group.

many thanks

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Last Edit: by bro58.

Work based interview while in support group. 3 weeks 20 hours ago #186607

Elisa wrote: Hi

our son is in the support group due to mental health problems he has had since childhood. He is up for reassessment and the application is in. He had an indefinite award ongoing and has never had a f2f before. He received a letter saying if he did not attend the jobcentre for a work based interview. He panicked and called them, they informed him he would have his benefits stopped if he did not attend. He said he could not attend so they have made an appointment for a phone interview, again with the threat that his benefits would be stopped if he did not go through with the interview.

Can they do this, threaten him, he is in terrible state. I can't find anything to say this has changed for the support group.

many thanks


Hi E,

I am afraid that even though theoretically ESA is an indefinite award, in reality every ESA award will be reassessed at regular intervals.

See : How often will I be reviewed

The first thing that you need to do is to ring DWP ESA :

THE ESA PHONE NUMBER DWP : 0345 608 8545 (Open 8AM-6PM. Mon-Fri.)

Check with them that a paper based review has not been carried out on your son's recent re-assessment which has resulted in him being moved from The Support Group (SG) to The WRAG.

If he hasn't and is still in The SG, then he cannot be mandated to take part in any interviews (WFI's) or Work Related Activity (WRA)

Contact the Advisor and ask them whether the request that he takes part is mandatory, and if so can they put this in writing.

Then quote the following to the Advisor :

ESA Reg 54. (1) @ (2) (b)[/B]

"not a member of the support group"

Which is reiterated by :

(Advice to DM's) 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 :

www.gov.uk/government/uploads/system/upl...e/297548/dmgch53.pdf

Which clarifies that "members of The SG" CANNOT be compelled to take part in WRA, including WFI's.

If they still try to insist that your son takes part in the interview or any other form of WRA contact your M.P. :

Contacting your MP

Have a read through This Post in The Spotlights Area as well.

Please keep us updated by replying to this topic, which you could Bookmark in your browser now so that you can find it again easily.

bro58
The following user(s) said Thank You: Elisa

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58.

Work based interview while in support group. 3 weeks 13 hours ago #186682

Hi

thanks

ringing tomorrow because it's only son they have talked to and he is not functional. I checked the date the letter was sent out, once I found it and it was dated 9 days BEFORE they received the re-application. Because of the way he is currently his GP gave him a 3 month sick not just incase. Of course our son just went into panic mode. Shall update tomorrow because what really concerns me is this is a case of using threats to affect an action on a mentally ill person.

They must be aware he is in the support group, he did say he was so why phone and say if he does not attend he may lose his benefit. They have sent a date through.

There is something else going on here and possibly because he is contribution based, lives at home, they will want to put him in WRAG because they are proving he can attend an interview etc.so no evidence to the contrary will trump that. Once in WRAG he has a year, after that he is still not fit to work but will not be entitled to income based ESA because he is our son and lives at home.

I am not usually a conspiracy theorist but this stinks of something very rotten.

Will update
The following user(s) said Thank You: Mrs Hurtyback

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Work based interview while in support group. 2 weeks 1 day ago #187092

It was a compliance interview by another name. They would not tell us what they wanted to talk to him about until we made it very clear they were harming his mental health. So Jamie agreed on the phone and I talked to them finally.

They insist it was a coincidence about the reassessment time.
They wanted financial details initially but instead are contacting the company he did supported work for at various times over the past 7 years, when able. Although not specifically stated, she said, he had come to their attention that he has worked. i said you know he did he did it through the job centre and mental health team as part of his required therapy.

So they have forgone the requirement for f2f with bank statements and everything else pending the outcome from his ex employer.

They will find nothing, it's all just been a nasty experience and if he had not had us I dread to think what would have happened. It may not be over but from now on we are dealing with it. She recommended we become official appointees as soon as possible.

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