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ESA WRAG and 5 day course
ESA claimant found fit for work so requested MR and claimed JSA whilst it was considered. MR successful and he was put in WRAG. He has now had a letter which seems to be linked to his earlier JSA claim saying he needs to attend a 5 day course. When he rang to say he was no longer on JSA they said he had to attend or his benefits would stop.
Has anyone come across this before or do you think my client is confused and this is actually part of his work related activity? I haven’t seen the letter yet.
Thanks
Who did he ring? Was it JC+ or was it the “work” provider ?
If it was the “work” provider then they will tell you any rubbish im afraid.
My gut feeling is that it may be a bit early following his JSA closing and ESA being reinstated for them to arrange a new ESA 5 day mandatory work placement, although i may be wrong.
I have had the odd client who was in WRAG, and after a year of toing and froing got them into support group. These clients started with Ingeus doing WRA and when put into SG were told by Ingeus that they still had to complete the course or benefits would stop.
Assuming he was referred into WP during JSA claim as is normal then he will stay in WP for two years; there’s no way out of WP.
I’d ring the WPP and check whetehr the course is solely for JSa claimants; keeping in mind that ESA WRA must be “reasonable” as per reg 3 ESA (WRA) regs. If they refuse to budge apply to the WPP for a review of his Action Plan.
If they sanction him for non attendance of a course that isn’t for ESA claimants it’s actionable under the Equality Act.
Thanks for that.
Yes I have had it when people are in the SG but were previously in WRAG and the AP still insists they have to attend WRA but never this way. I haven’t had anyone in WRAG have to attend a 5 day course - that sounds more like a JSA requirement. And yes he has only recently got into WRAG so seems quick to be having WRA arranged
I will await my appointment with him and check out the letter.
Thanks
Our replies crossed DManville.
Hmm maybe he was referred to WP whilst on JSA and will be stuck with it for 2 years then.
He has chronic back problem and is having injections on the Fri which leave him out of it for a week or so. It is a full 5 day course starting the Mon after and he has already rung and said he won’t be able to sit/stand for 5 days and will be too spaced out to attend. We’ll see what they say when I ring - maybe they will be more “reasonable” with me.
Many thanks
See CPAG WBH 2014/15 p.1062, first and third bullet points relating to reasonable demands being made in relation to WRA, the ability to lift those demands, and the need for any WRA to have been agreed in your client’s action plan, as well as the ability to reconsider this also.
If it is a WP provider, I can well imagine their response being to the effect that this isn’t their problem unfortunately, so you might need to make alternative representations to DWP/JCP in that case.
Thanks for all the help on this one.
I have seen the claimant this morning and it turns out it was just an initial appointment to do his action plan for WRA and the 5 day course was just something they had mentioned to him on the phone.
When I rang they were ok about rearranging this appointment for a months time and I was able to prime the tenant regarding anything on his action plan having to be “reasonable”.
Thanks