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9 years 6 months ago #125333 by june cunningham
Replied by june cunningham on topic support group
Gordon
where do I find reg35?
where do I find reg35?
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9 years 6 months ago #125335 by Gordon
It is explained in the ESA Claim guides in the section Should you be in the support group because of exceptional circumstances?
www.benefitsandwork.co.uk/help-for-claimants/esa1
I have to warn you that it can be very difficult to qualify under Regulation 35, you will need to show that there will be substantial risk to your son if he performs Work Related Activity, you will need to give examples of what would happen if he did and you will need to identify the condition(s) that would cause the issue.
There is no clear definition of what WRA is and the DWP will argue that they will not ask your son to do anything that would have a negative effect on his conditions, if you can, try to use examples of what he has actually been asked to do, for example the three monthly phone calls.
Finally you will need to provide medical evidence that supports what you are saying.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic support group
june cunningham wrote: Gordon
where do I find reg35?
It is explained in the ESA Claim guides in the section Should you be in the support group because of exceptional circumstances?
www.benefitsandwork.co.uk/help-for-claimants/esa1
I have to warn you that it can be very difficult to qualify under Regulation 35, you will need to show that there will be substantial risk to your son if he performs Work Related Activity, you will need to give examples of what would happen if he did and you will need to identify the condition(s) that would cause the issue.
There is no clear definition of what WRA is and the DWP will argue that they will not ask your son to do anything that would have a negative effect on his conditions, if you can, try to use examples of what he has actually been asked to do, for example the three monthly phone calls.
Finally you will need to provide medical evidence that supports what you are saying.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 1 week ago #132554 by june cunningham
Replied by june cunningham on topic support group
I have now received a letter from my sons consultant confirming he would be a danger to himself and others if he was placed in to a working environment,.
He has recently had a new advisor appointed by Prospects who has insisted he attend the office when he previously was on telephone intervention,.we spoke to her as my husband is Andrews appointed representative and explained that in view of his disabilities that this was a reasonable adjustment. as he cannot leave the toilet until afternoons and sometimes is so bad that he is unable to leave the house,so he cannot comply with interview timings as he cannot forecast how he will be on any one day.
She refused to accept this so we have sent the Head office and the DWP letters advising that they are in breach of the law by not offering reasonable adjustments as advised by the Equality Advisory and Support Servicesa using a template letter they provided.
Would it still be possible to apply for a new reassessment?
He has recently had a new advisor appointed by Prospects who has insisted he attend the office when he previously was on telephone intervention,.we spoke to her as my husband is Andrews appointed representative and explained that in view of his disabilities that this was a reasonable adjustment. as he cannot leave the toilet until afternoons and sometimes is so bad that he is unable to leave the house,so he cannot comply with interview timings as he cannot forecast how he will be on any one day.
She refused to accept this so we have sent the Head office and the DWP letters advising that they are in breach of the law by not offering reasonable adjustments as advised by the Equality Advisory and Support Servicesa using a template letter they provided.
Would it still be possible to apply for a new reassessment?
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9 years 1 week ago #132558 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic support group
JC
I am afraid that the Consultant's letter may not be of use, by being in the WRAG it is accepted that your son cannot be placed in a working environment, to be placed in the Support Group you need to show that your son would be at risk from Work Related Activity!
You can ask for your son to be re-assessed, but only on the basis that there is a documented deterioration in his condition, you need to write to the DWP office handling his claim, this is not the JC+ office that he may have attended, the address will be on any of the letters he has received about his benefit.
If the Change of Circumstances is accepted then you should expect a new ESA50 and he will likely have to attend a face to face assessment. He remains in the WRAG and subject to any requirements to attend the Work Programme or WFIs and to participate in Work Related Activity.
Gordon
I am afraid that the Consultant's letter may not be of use, by being in the WRAG it is accepted that your son cannot be placed in a working environment, to be placed in the Support Group you need to show that your son would be at risk from Work Related Activity!
You can ask for your son to be re-assessed, but only on the basis that there is a documented deterioration in his condition, you need to write to the DWP office handling his claim, this is not the JC+ office that he may have attended, the address will be on any of the letters he has received about his benefit.
If the Change of Circumstances is accepted then you should expect a new ESA50 and he will likely have to attend a face to face assessment. He remains in the WRAG and subject to any requirements to attend the Work Programme or WFIs and to participate in Work Related Activity.
Gordon
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9 years 1 week ago #132585 by Spaceman
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How can it be said that being in the WRAG means it is accepted that he cannot be placed in a working environment. if by being in the WRAG he can be required to participate in Work Related Activity, which can include doing work in a working environment (without being paid for that work mind)?
It may be that they decide not to require him to do this but that doesn't mean that being in the WRAG excludes it, as far as I understand.
It may be that they decide not to require him to do this but that doesn't mean that being in the WRAG excludes it, as far as I understand.
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9 years 1 week ago #132602 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic support group
DJ
I can understand your confusion. In my post I was referring to legal definitions; a Fit Note certifies Limited Capability for Work and by being in the WRAG a claimant has been assessed as having Limited Capability for Work (LCW). LCW is concerned with the claimants ability to work.
Having LCW does not preclude a claimant from attending Work Focussed Interviews and participating Work Related Activity which may include the Work Programme, but they cannot be asked to work or to seek work.
However, they can be asked to do voluntary work and can be mandated to attend work placements, I'll not argue with you that there seems to little difference between these and working, but legally there is, IDS spent a lot of time making sure that the wording of the legislation allows for this.
Gordon
I can understand your confusion. In my post I was referring to legal definitions; a Fit Note certifies Limited Capability for Work and by being in the WRAG a claimant has been assessed as having Limited Capability for Work (LCW). LCW is concerned with the claimants ability to work.
Having LCW does not preclude a claimant from attending Work Focussed Interviews and participating Work Related Activity which may include the Work Programme, but they cannot be asked to work or to seek work.
However, they can be asked to do voluntary work and can be mandated to attend work placements, I'll not argue with you that there seems to little difference between these and working, but legally there is, IDS spent a lot of time making sure that the wording of the legislation allows for this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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