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Claimimg ESA whilst doing unpaid work (Community Service Order)
- Mikey
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2 years 6 months ago #272419 by Mikey
Claimimg ESA whilst doing unpaid work (Community Service Order) was created by Mikey
If a person was sentenced by a Judge to do unpaid work (Community Service Order) would that person have to comply with that order if they were in receipt of ESA (support group)?
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- BIS
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2 years 6 months ago #272422 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Claimimg ESA whilst doing unpaid work (Community Service Order)
Hi Mikey
That's an interesting question - but it's outside the scope of this forum, and I would not wish to give you the wrong advice. If a claimant is in the support group they don't have to take part in work-related activities, although they could do voluntary work if they wish. I, therefore, think a person in this position has to comply with the Judge's court order and it is up to the service to make it suitable work. Any one would be unwise to ignore a court directive.
BIS
That's an interesting question - but it's outside the scope of this forum, and I would not wish to give you the wrong advice. If a claimant is in the support group they don't have to take part in work-related activities, although they could do voluntary work if they wish. I, therefore, think a person in this position has to comply with the Judge's court order and it is up to the service to make it suitable work. Any one would be unwise to ignore a court directive.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mr B
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2 years 6 months ago #272447 by Mr B
Hi Mikey
I certainly agree with BIS that this is an interesting question and that the sentence of a court should nor be disobeyed. Your question is hypothetical though and I think in practice we would need to know more about a particular case. I have no legal training but I do remember reading some years ago a report of a case in which a judge wanted to pass a community service order for the defendant to do unpaid work, the defendant's barrister however stated that his client was basically in a similar position to the one you are asking us about, ie he had certain health conditions and was on a corresponding benefit which had determined he could not work. On hearing this the judge then said he would not therefore pass an unpaid work order. I can't remember what the actual sentence then was. All of this was discussed before sentencing. There are of course some defendants who are not represented in court by a solicitor or barrister but I think most are. If so the defendant would normally have met his/her lawyer before - and often long before - a court case has even started. At such a meeting I would expect, amongst other things, for the lawyer to inquire into the person's circumstances including any health issues. As I'm sure you know health issues, relationship breakdowns, family bereavement etc of defendants are often mentioned in court. Additionally judges/magistrates often ask for reports, including probation office reports, to be drawn up before sentencing. So I would hope that in most cases the situation you are asking about would not occur! If it did though then the defendant ought to discuss his health conditions with the probation service. If the probation service did conclude that he couldn't do any unpaid work then I would think they would know what to do about this because with so many people doing these community orders it must happen on occasion that even someone well enough to start the unpaid work becomes unwell and then unable to continue with it.
I hope the above helps but I really hope that anyone in the position you ask about will tell their lawyer, judge, probation service about their health condition and should do so before being sentenced!
Kind regards
Mr B
Replied by Mr B on topic Claimimg ESA whilst doing unpaid work (Community Service Order)
If a person was sentenced by a Judge to do unpaid work (Community Service Order) would that person have to comply with that order if they were in receipt of ESA (support group)?
Hi Mikey
I certainly agree with BIS that this is an interesting question and that the sentence of a court should nor be disobeyed. Your question is hypothetical though and I think in practice we would need to know more about a particular case. I have no legal training but I do remember reading some years ago a report of a case in which a judge wanted to pass a community service order for the defendant to do unpaid work, the defendant's barrister however stated that his client was basically in a similar position to the one you are asking us about, ie he had certain health conditions and was on a corresponding benefit which had determined he could not work. On hearing this the judge then said he would not therefore pass an unpaid work order. I can't remember what the actual sentence then was. All of this was discussed before sentencing. There are of course some defendants who are not represented in court by a solicitor or barrister but I think most are. If so the defendant would normally have met his/her lawyer before - and often long before - a court case has even started. At such a meeting I would expect, amongst other things, for the lawyer to inquire into the person's circumstances including any health issues. As I'm sure you know health issues, relationship breakdowns, family bereavement etc of defendants are often mentioned in court. Additionally judges/magistrates often ask for reports, including probation office reports, to be drawn up before sentencing. So I would hope that in most cases the situation you are asking about would not occur! If it did though then the defendant ought to discuss his health conditions with the probation service. If the probation service did conclude that he couldn't do any unpaid work then I would think they would know what to do about this because with so many people doing these community orders it must happen on occasion that even someone well enough to start the unpaid work becomes unwell and then unable to continue with it.
I hope the above helps but I really hope that anyone in the position you ask about will tell their lawyer, judge, probation service about their health condition and should do so before being sentenced!
Kind regards
Mr B
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