ESA WRAG MANDATORY PLACEMENTS

del wrote: I was originally transferred from IB to ESA WRAG CB, awarded for 2 years, recently transferred to ESA WRAG IR due to the 365 days limit. Due to attend Personal Adviser again in next few weeks but I am worried sick about the new law passed in December 2012 where from what I gather it is now mandatory for us to do some kind of work. Due to the nature of my health issues being extremely variable throughout the day I am not able to work. Gosh I can hardly make it to the Adviser appointments let alone work whether voluntary or not. If my health allowed I would be working, I hate being ill probably like most in the same situation. I have also read online that we are being asked to sign forms to commit to this new scheme. Last time I told the PA I was not healthy enough to work he told me I was being negative, I was nearly crying, I explained I did not ask to be ill and would do anything to get better. Can anyone please give me advice, as I am getting really stressed over this. I have had no information from DWP informing me of any changes so can only go by what I read online.

Unfortunately, the changes are to recent for us to be able to give definitve advice, but I'll do my best to explain your options.

There have been three changes that affect claimants in the WRAG.

First, most claimants in the WRAG who are receiving ESA(IR) can now be considered for placement on the Work Programme, although this does not mean that they will be forwarded.

The Government has "stretched" the definition of Work Related Activity to include what is loosely referred to as the voluntary sector.

Lastly, the sanctions available to the DWP have been significantly increased.

The first thing to state is that you cannot be asked to work or to seek work, all that they can ask you to do is participate in Work Related Activity, and any WRA that you are asked to do, must take reasonable account of any limitations you have as a result of your condition(s).

However, by definition, members of the WRAG are expected to be able of doing some WRA, so you cannot avoid it.

I note that you have already been subject to the 365 day rule, if the last Decision on your claim was more than 13 months ago, then you no longer have the option of appealing to be placed in the Support Group. If it has been less than 13 months, and assuming that you meet one or more of the descriptors for the SG, you can attempt to lodge a late appeal. Appealing will prevent you being forwarded to the Work Programme, but not exempt you from WRA.

If you can show that your condition(s) have deteriorated since the last Decision, you can request a SuperSession (re-assessment) of your claim. The onus is on you to prove you should be in the SG and you are not exempted from either the WP or WRA while you remain in the WRAG.

You should have a look at the following FAQs

Changes to ESA Sanctions

Work Focussed Interviews

Work Programme

If you have further questions, please reply to this post.

Gordon

twink wrote: I remember reading somewhere that sanctions would not be inforced if it would cause hard ship. Under the list of people that were considered to be in hard ship were those on higher rate DLA. Can you tell me if this is still the case please.

I have not seen any such statement, although this does not mean that it does not exist.

Any Work Related Activity, including Work Placements, must take into account any limitations that result from the claimants condition(s).

Gordon