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

ESA/CA and mandatory work

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

I know this has been raised a while ago, however im struggling to find reference to my issue in CPAG guide, and also disability rights handbook.

I have a client who was on SDA forever, and got underlying entitlement of CA to give her extra 34 quid a week in her income support

She was migrated to ESA 3 weeks ago, and has already had 2 WFIs with her disability adviser at the jobcentre

She told him that as far as she was concerned that she had to attend WFI, but since she was claiming CA she couldnt be mandated to do any work related activity.

The disability adviser basically told her to shut up and they could make her do what they want (sigh)

I know she doesnt actually receive the carers allowance, but she still gets a carers premium in her Income related ESA.

So : If in WRAG of ESA can anyone confirm that you are indeed exempt from WRA if you receive either CA or Carers premium.

Thanks again

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

It’s entitlement that counts not payability.  See reg 3(2), below.

http://lawvolumes.dwp.gov.uk/docs/a13-5651.pdf

benefitsadviser
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Sunderland West Advice Project

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Total Posts: 1003

Joined: 22 June 2010

Back to work today! Thanks Nevip . Just what i wanted