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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Fit for work but unable to leave his room without assistance from another person

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Client found not to have LCW on reassessment, appeals to Tribunal and very unexpectedly his appeal fails. Awarded 9 points for Activity 1b only, cannot mount or descend 2 steps unaided. He lives in an unadapted bedsit on the first floor and he cannot get in and out of the building without assistance from another person (as accepted by the tribunal) and another person is not always available to help him throughout the day. Bizarrely, Reg. 29 was found not to apply, we are waiting on a Statement of Reasons as to why on earth not.

Pending a possible UTT appeal he has had to claim JSA. Obviously this presents a practical problem in terms of attending the Jobcentre to sign on, getting to appointments with his Work Coach, etc.

I am going to attend his new claims appointment with him tomorrow and wondered what sort of reduction in conditionality would be appropriate for this unfortunate man?  I am going to ask for postal signing and flexibility around attending appointments or preferably home visits instead. I’ve seen some guidance around attending appointments at community venues where a person has a disability that severely limits their mobility but can’t see any reference to home visits.

Has anyone got a Work Coach to agree to home visits in a similar situation? Any other thoughts appreciated.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Billy Durrant - 31 May 2016 11:34 AM

this unfortunate man?

The language of consultants??? There’s a web site on that somewhere.

abcab
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Caseworker - Rossendale CAB

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Hi Billy
Our local JCP has agreed to tel apts only as a reasonable adjustment under the equality act for clients who cannot attend their appointments because of their disabilities/ health conditions.( usually require initial face to face first - but it’s arguable here that a home visit would be a RA in your clients circs)
Useful guidance here:
https://www.whatdotheyknow.com/request/315614/response/795676/attach/5/Delivering Equality for Customers.pdf

“Mobility needs / Physical impairments: Reasonable Adjustments
119. Discuss with the customer if they require any support to enable them to access benefits and use our services. Do not assume or put a reasonable adjustment in place without discussion with the customer. Consider, what mobility problem does the individual have, is the local office accessible? Take the appropriate action to implement the required support and record the details on the customer record
120. Consider telephone interviews or home visits rather than face to face interviews on DWP premises if more appropriate for your customer.
121. Medical appointments/treatment: Consider whether the customer and the delivery of our services can be supported by changing the date and time of a meeting or interview.
? Car parking facilities
? Changing the time and date of meetings and interviews
? Changing location of interview
? Home visits
? Postal claiming - JSA
? Representatives and Intermediaries
? Transport – public and private transport”

Core visits:
https://www.whatdotheyknow.com/request/315614/response/795676/attach/7/JCP Core Visits Guidance.pdf

[ Edited: 31 May 2016 at 01:52 pm by abcab ]
BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Thanks abcab, that’s really helpful.

Mike, you’ve lost me… In everyday parlance I think that I would refer to him as a ‘poor sod’ but was trying to be polite in public, etc.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Billy Durrant - 31 May 2016 05:18 PM

Thanks abcab, that’s really helpful.

Mike, you’ve lost me… In everyday parlance I think that I would refer to him as a ‘poor sod’ but was trying to be polite in public, etc.

Sorry Billy. I was amused by the phrase. It’s classical use seems to be in consultants reports and its a euphemism. There’s a web site somewhere. I’ll see if I can find it. They deny there are any codes though. Good to start in the comments section of this for a taste of the discussion :) http://www.theguardian.com/lifeandstyle/2015/feb/04/consultants-code-gps

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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“Hi Billy
Our local JCP has agreed to tel apts only as a reasonable adjustment under the equality act for clients who cannot attend their appointments because of their disabilities/ health conditions.( usually require initial face to face first - but it’s arguable here that a home visit would be a RA in your clients circs)”

Shame they won’t flag up the obviously incorrect decision on LCW!