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

Support group appeal and exemption from WRA

Paul_Treloar_CPAG
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Advice and Rights Team, Child Poverty Action Group

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Can anyone help? In the past, I have referenced DWP guidance to the effect that a claimant appealing to be placed into ESA support group is exempt from having mandatory WRA and/or referral to the Work Programme whilst their appeal is being dealt with.

I can’t find said guidance anywhere at the moment online. Can anyone point me in the right direction? I think it might have been nevip from memory who flagged it up before and I know he’s on hols this week, but eternal gratitude if anyone else does have a useful reference for this.

Dan_Manville
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Chapter 5 of the Work Programme Provider Guidance most likely.

Sorry for the absence of linkage but I’m on a duff 3g connection atm

Paul_Treloar_CPAG
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Thanks Dan but I’d checked that chapter (as well as many others).

From what I recall, this was DWP or JCP guidance, rather than the WP Provider guidance, it was in something like a DMG memo perhaps?

Dan_Manville
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This is a bit out of date but it does mention appeal outcomes.

I’ve found the up to date version too! If I was organised I’d be dangerous…

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Paul_Treloar_CPAG
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Brilliant, thanks Dan, these weren’t the documents or guidance that I had seen previously but it’s certainly indicative that ESA claimants with an on-going appeal shouldn’t be referred to the WP.

BC Welfare Rights
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From memory, if someone appeals to go from WRAG - SG before they have been mandated to the Work Program they are exempt but if they are already on WP they are not. Sorry, can’t remember where this came from but this is suggested in the 2nd of Dan’s attachments (haven’t read the first).

On related topic, there is also this http://www.rightsnet.org.uk/forums/viewthread/3608/#14772

Paul_Treloar_CPAG
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Thanks Billy, that’s exactly what I understood was the situation but it’s frustrating that there’s so little in the public domain about this - I had a client recently where the fact that my client shouldn’t have been referred, or subsequently mandated to attend WFI’s, was confirmed in writing by DWP.

stevenmcavoy
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being a bit cheeky here to save me searching the updated guidance but has anyone looked at this recently and have an updated situation?

I have been contacted by a colleague in our supported employment service thats having an issue with people with learning disabilities going into the wrag group, appealing and ultimately being placed in the support group but then still being stuck in the work programme.

This is a real issue as we are a work choice provider and this scheme may fit these clients better but they cant get access to this while under the work programme.

does anyone have the current guidance in these circumstances i can have a look at?

Dan_Manville
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stevenmcavoy - 21 October 2015 12:34 PM

being a bit cheeky here to save me searching the updated guidance but has anyone looked at this recently and have an updated situation?

I have been contacted by a colleague in our supported employment service thats having an issue with people with learning disabilities going into the wrag group, appealing and ultimately being placed in the support group but then still being stuck in the work programme.

This is a real issue as we are a work choice provider and this scheme may fit these clients better but they cant get access to this while under the work programme.

does anyone have the current guidance in these circumstances i can have a look at?

I have found that seeking legal advice and possibly filing a claim at the Employment Tribunal alleging harrassment by the WPP works wonders in preventing WPPs sending out threatening letters once a claimant can no longer be mandated.