WFI's and difficulty attending due to mobility

Hi all,

I know I've seen answers to this question before but I can't for the life of me find any of them!

I'm in the ESA WRAG group and have been told today that I have to go to the first WFI with Working Links tomorrow morning.

Luckily I have someone who can drive me there (a 45min car journey) but this would not usually be the case and I couldn't get there without this help.

My question is, do I have a right to home visits or phone WFI's under the discrimination laws or can they still sanction my benefit if I am unable to attend?

The person I spoke to on the phone said I would have to go to their centre or they would sanction me, no excuses. This just doesn't seem right. I can't get out without assistance and even the lady in JCP put on the referral that I wouldn't be able to attend at their centre due to mobility problems.

I hope someone is able to confirm what my rights are, because it would be very good to know before I see them tomorrow morning.

Thanks and best wishes
Pompeylass

Pompeylass wrote:

Hi all,

I know I've seen answers to this question before but I can't for the life of me find any of them!

I'm in the ESA WRAG group and have been told today that I have to go to the first WFI with Working Links tomorrow morning.

Luckily I have someone who can drive me there (a 45min car journey) but this would not usually be the case and I couldn't get there without this help.

My question is, do I have a right to home visits or phone WFI's under the discrimination laws or can they still sanction my benefit if I am unable to attend?

The person I spoke to on the phone said I would have to go to their centre or they would sanction me, no excuses. This just doesn't seem right. I can't get out without assistance and even the lady in JCP put on the referral that I wouldn't be able to attend at their centre due to mobility problems.

I hope someone is able to confirm what my rights are, because it would be very good to know before I see them tomorrow morning.

Thanks and best wishes
Pompeylass

Hi PL,

As the DWP and any Works Programme Provider are classed as service providers, they should make "Reasonable Adjustments" as to the needs and limitations of a disabled person.

This is covered under DDA Equalities Act 2010. see link to web page below.

This could include a telephone interview, or a home visit, if you wish, make your request for Reasonable Adjustments in writing, stating your limitation/disabilities, and why you need said Reasonable Adjustments.

It is up to the DM whether you are sanctioned or not, and only after investigation.

www.legislation.gov.uk/ukpga/2010/15/contents

bro58

Hi Pompeylass

I'm afraid nobody has a right to a telephone/home interview but you can ask for one after explaining your circumstances.

You can be sanctioned for failing to attend without good cause but JCP or Working Links advisers do not have the power to impose them. Only a DWP decision maker can sanction your benefit and you would have the right to appeal it, although obviously you will want to avoid this.

The person who told you that you would be sanctioned, no excuses, was probably poorly trained.

There is more detailed advice regarding your rights at WFIs in the claims guide.

Regards

Derek

Hi PL,

See information here also :


www.direct.gov.uk/en/DisabledPeople/Righ...ityRights/DG_4001068

bro58

Thanks Derek and bro58 for your answers - you've both been really helpful. I'm hoping that they'll be a little less rigid tomorrow, in person, than over the phone, but if not at least I know where I stand.

Thanks again
Pompeylass