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

Work Programme claimant coerced into registering for self employment

ElaineS
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Welfare benefit advisor - MHS Homes, Chatham

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Total Posts: 50

Joined: 17 May 2013

I have a client who was in the WRAG.  The local Jobcentre put her on the work programme and she was referred to a local provider called PeoplePlus.  They wanted her to attend some group sessions but she explained she finds this very difficult and would struggle to cope due to anxiety.  They then suggested self-employment might be better and referred her to their self-employment adviser. 

She had previously talked to me about the possibility of doing some house cleaning for some people she knows but had never managed to progress this.  However, it appears this came up again with the adviser and he then coaxed her into stopping ESA and claiming WTC even though the cleaning work had not been organised.  Also the 3 people she had as potential clients would not have been the minimum 16 hours work she needed but the adviser told her not to worry about this as any time she spend advertising and looking for other clients could count towards the 16 hours.  She felt under pressure so agreed that doing the cleaning would be a good idea.  The adviser then contacted DWP and stopped her ESA claim (from the wrong date), helped her claim WTC and also registered her with HMRC for self employment. 

The work never started and in the meantime she was paid WTC which is now potentially an overpayment as she never worked.  This has now stopped and we have made a new claim for ESA.  I am trying to get this backdated to the date the earlier claim was stopped and her GP has provided a certificate to confirm she was not fit for work during this period. 

What is the best way to deal with this.  Even if DWP agree to backdate the claim she received WTC for this period so cannot receive both.  Do I argue the WTC are an overpayment that will have to be repaid and pursue the claim for ESA?

The adviser did not give any further support after messing up all her benefits.

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Refer to the local MP and register a complaint against People Plus over the inappropriate advice.

We have a similar case where a client with significant mental health issues was persuaded (against our advice) to register as self-employed providing an ironing service, which of course resulted in her being MUCH worse off, both financially and mentally.

ElaineS
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Welfare benefit advisor - MHS Homes, Chatham

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Total Posts: 50

Joined: 17 May 2013

Thank you for this.  I will talk to my client as I think it is important MPs are aware of the chaos this sort of thing is causing to people’s lives.