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

WFI for ESA partner with no capacity for WRA?

benefitsadviser
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Sunderland West Advice Project

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Sorry if this has been raised before, but im looking for advice regarding exemptions for partners of SG ESA claimants who have to attend work focussed interviews

I have a client in Support Group of ESA, who is exempt from having to attend WFIs, however his wife has been asked to attend a WFI.

This is usually reasonable, however his partner is also disabled (hi care, hi mob) and has no capacity to work either

DWP say she has to attend, as its only her partner who has limited capability for work related activity, as he is main claimant.

Checked CPAG for exemptions. Cant seem to find a group to put her in.

Can she be separately assessed for LCWRA without affecting the claim?

He could claim CA+IS instead of ESA, however there are WFIs for those too…...

Thanks

benefitsadviser
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Answered my own question.

If a carers premium is included in the claim then no mandatory work related activity (P1055 CPAG)

doesnt appear to matter who is caring for who, just as long as premium in place

WFI still need to be attended, but no actual work needed

 

 

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Surely you could ask them to defer or waive the requirement when it seems pretty clear-cut that she wouldn’t benefit from a WFI?

benefitsadviser
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I suggested that the client just go to WFI anyway, and when they take a look at her health they will probably not call for any more. Im going to recommend CA anyway