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TOPIC: DWP legal obligation

DWP legal obligation 5 years 10 months ago #83381

Dear all,

We all know that legal fitness for work has little bearing to the real world situation of actually being able to work 16 hours or less per week.

If the DWP cannot manage a person under ESA or JSA, because if lack of fitness or the 6 month sickness rule, which happens in some cases.

Is the DWP failing a legal obligation to help a claimant?

I thank you in advance for your feedback.

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Re:DWP legal obligation 5 years 10 months ago #83394

MB wrote:

Dear all,

We all know that legal fitness for work has little bearing to the real world situation of actually being able to work 16 hours or less per week.

If the DWP cannot manage a person under ESA or JSA, because if lack of fitness or the 6 month sickness rule, which happens in some cases.

Is the DWP failing a legal obligation to help a claimant?

I thank you in advance for your feedback.

I notice this is your first post, so you might want to have a look at the following FAQ

Welcome to Benefits and Work

Also your forum name may be your real name, if you want to change this see

My full name is showing, how can I stop it?

With regard to your question, if you are not in receipt of ESA or JSA, I don't believe the DWP have any legal responsibility to provide assistance.

Gordon

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

Re:DWP legal obligation 5 years 10 months ago #83437

Thank you Gordon,

I have been careful not to use my real name, or to use information that could directly identify me, I know that the DWP can discriminate people from my readings!

Furthermore thanks for pointing out the forum opening times and rules.

Question:
If a person is being managed under the ESA or JSA.
Then suddenly the person finds themselves, through no fault of their own, unable to meet the criteria to claim ESA or JSA because of the unfair system imposed by UK government.
Is the DWP in breach of a possible legal obligation, because they are failing to help a claimant?

I know this question is uncharted territory, if anyone can answer this question, I will be better armed to confront this problem with the DWP, possibly through legal channels.

I am only seeking NI contributions, I am prepared to tackle the DWP, they cannot pressure me by refusing payments.

Cheers

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Last Edit: by Gordon.

Re:DWP legal obligation 5 years 10 months ago #83449

Mike

I'm not sure where you are trying to go with your questions, but with regard to NI Contributions, these are only payable if you meet and continue to meet the relevant requirements of the benefit you are claiming.

I'm not au fait with the JSA critera, but in principle, you need to be available to seek work.

For ESA you need to meet the criteria for either the WRAG or the Support Group.

If you fail to meet these criteria, then NI Credits are not payable, and as far as I am aware, the DWP has no further obligation to assist you.

Gordon

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

Re:DWP legal obligation 5 years 10 months ago #83549

Where am I going with this?

I want to challenge the DWP legally for failing to support a client (if this is the case).

1. A person goes on ESA from JSA because he cannot meet the JSA agreement any more, furthermore A4e could could not help further because of bed health and no suitable job categories in which to work.

2. WCA medical, re-assessment and tribunal failed to reach 15 points.

3. The patient contacted DWP, cannot apply for JSA because patient cannot meet JSA agreement of being fit to work 16 hours and having 0 job categories in which to work.

4. Patient applied for ESA, could not be processes over the telephone, the patient has been sent a huge wad of forms to fill in.
The patient has been told that there is a 99% of being turned down for ESA because the patient cannot be sick for the same condition within 6 month, the patients condition prevents them working.

I am sure that the DWP should process this person somehow, they cannot fail the client by forcing them out of the system.

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Last Edit: by Gordon.

Re:DWP legal obligation 5 years 10 months ago #83552

Mike

The patient needs to get face to face advice as their situation appears to be far more complicated than what we can deal with on the forum.

Where to get advice?

With regard to the six month rule, this relates to the date when the Decision on their claim was originally made by the DWP, not any Decision resulting from a Reconsideration and most certainly not the Decision from their tribunal. Given the current backlog of tribunals, I would be surprised if the six months had not already expired.

Gordon

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