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appeal support group
client has appealed the fact that he has been placed in the work related group.
he has been advised to go to jobcentre this week for an interview but can’t manage..
how does he manage to get out of this..
He has a couple of choices, depending on the “goodwill” of his Disability adviser at the Jobcentre.
He can either request that the WFI is temporarily postponed until later (as an appeal is in place) or he can request a work focussed interview to be conducted over the telephone.
Both options are at Jobcentre plus’ discretion though.
Failure to attend “without good cause” creates rather punitive sanctions though, as they can stop the benefit and make your client sign on for JSA in the meanwhile until good cause is or is not established (which can take months).
I find that the Disability advisers are sick and tired of being presented with ESA claimants who are incapable of any work related activity whatsoever.
I actually get appeal referrals from them believe it or not.
I actually get appeal referrals from them believe it or not.
I easily believe you especially considering the number of referrals we are dealing with from DEAs
Re support group status. The exceptional circumstances arguement comes into play if the applicant fails to be awarded 15 points from physical/mental health descriptors. If it is accepted that the applicant may suffer a substantial risk to health at the work place then they may be deemed to have LCFW under Reg 29(2)(B). To follow if the same applicant could suffer a substantial risk when attending work focussed interview then they would be placed in the support group as per Reg 35(2)(B) as per CE/343/2011 at paragraph 23. Therefore if an applicant is found to have LCFW under 29(2)(B) due to having trouble in ‘travelling’ to a work place as per Charlton at paragraph 34, then surely they would have the identical trouble in travelling to a work focussed interview (wherever this may be) and therefore should be placed in the support group as per 35(2)(B) which has the identical wording to 29(2)(B). May be this would help applicants with LRM of DLA or am I clutching at straws!
here’s a link to CE/343/2011 -