DWP legal obligation

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.

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

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.