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FTA WCA - no support to attend and appointment too early
My client is alcohol dependent and suffers from anxiety. Cl had a WCA in January which he did not attend - he advised ATOS the day before he would not be able to attend due to lack of funds and another app was arranged (not treated as a FTA). When new app came in cl called to advise it was too early and asked for a later app, request made 5 working days prior to app date. CL advised that no other app was available. Cl called again 4 working days prior to ask again and reiterate the app was too early (8.50 am with an hour travel time). ATOS once again advised no other apps available. Two days before and day before cl calls again and advises cannot get support to attend at this time. Again advised could not change his app. Day of the WCA cl calls to say cannot attend (called 20 mins before app time). Treated as FTA and ESA stopped. DWP are saying they were “unable to change his app due to his previous change of appointment” in the appeal bundle. I’ve been looking through safeguarding stuff and on here and can’t find anything about the DWP responsbility when a cl states they need support and that is not available to assist a cl to attend a WCA. Also on the point of whether one app change should prevent another change taking place.
Thanks for your thoughts in advance.
They cannot apply a blanket policy of only one change of appointment. Provided reasons for requesting the change are reasonable there should be no legal justification for refusal. (Other than the usual desire to stop benefits for any excuse!).