WFI’s for carers in receipt of income support

Hello forum members

I have found a pre-welfare reform thread concerning WFI’s for carers but nothing since (just lone parent WFI’s). 

I have a client who claimed CA in December 2013 for looking after her mother in law.  She also cares for her disabled husband (awaiting PIP decision) and they receive income support as a couple (she is the main claimant).  Since her CA claim she has had to attend the local job centre 5 times.  We have spoken to one of the benefit review managers who advised that the benefit review appointments are mandatory (why so many!) and that the other WFI’s are voluntary yet they cannot be deferred or be exempted from (not exactly voluntary then!).

Under the pre-welfare reform rules carers were exempt from WFI’s but this appears to no longer be the case.  The manager told me that this client has to attend JCP in preparation for UC and as she is a carer she can be employed by the local council to provide the care…

Is there really no way around this?

Thank you!

In respect of WFIs, this does not sound right to me.

From Advice for Decision Makers J2053:

Where the claimant has
1. regular and
2. substantial
caring responsibilities for a severely disabled person then work-related requirements
cannot be imposed on them.
(From Welfare Reform Act 2012, s 19(2)(b))

This is in respect of Universal Credit.

J2054 goes on to say that:

Regular and substantial caring responsibilities for a severely disabled person in
J2053 means* that the carer
1. satisfies the conditions of entitlement for CA or
2. would satisfy the conditions of entitlement for CA if their earnings did not
exceed the prescribed limit for CA.
This definition applies regardless of whether or not that the carer has made a claim
for CA**. This definition does not apply to a person who derives earned income from
those caring responsibilities***.
* UC Regs, reg 30(1); ** reg 30(2); *** reg 30(3)

I work in a Carers Centre half the week and have not come across this situation. The Jobcentre suggesting direct payments in this context is also a cheeky little number, although may be worth exploring if appropriate to circs of your client and family.

But having re-read your post I’m not quite clear if your client has actually attended any WFIs or just Benefit Review Meetings? On what basis are they actually getting IS as a couple and is this relevant to why she has had to attend so many review meetings? Or did she volunteer for Work Related Activity and now can’t get out of it?

I may of course be missing something (often do) but I would quote the above at them if they are insisting this is something to do with welfare reform or UC. I would be interested to know what happens if you could be kind enough to post?

Thank you for this.  She has had both WFI’s and benefit reviews.  She did not volunteer for them, she was just sent for the benefit review and then received further “invites” and they have proceeded from there.  She is the main claimant for IS as a carer as she receives CA. 

This particular job centre (Finsbury Park, London) is being very heavy handed with both carers and lone parents using UC as an excuse; clients are being told that they must find work or there benefit will stop.  One lone parent’s son turns 5 in July and she was told that if she didn’t find a job of 16 hours her claim would end next month!

I will let you know what happens and thank you for your assistance.

A local authority would be highly unlikely to pay a carer under a personal budget or direct payment if that carer is a close relative who lives with the disabled person.

Exactly!  JCP have no idea!

I recently came across this same situation.  My client claimed Carer’s Allowance and Income Support as a carer recently.  He cares for his 27 year old wife who has terminal cancer. I was also bemused and the CPAG handbook doesn’t seem to refer to carers in particular being required to attend WFIs.  It seems that the WFI rules relating to Income Support generally apply as detailed on page 1084 of CPAG handbook.

I was told by the Jobcentre that the first WFI is mandatory but subsequent ones are not.  The jobcentre do have discretion here though and in my case we managed to get them to cancel the WFI due to the circumstances.  I wasn’t told what would happen ongoing but I would assume that the jobcentre will revisit this in a couple of months.

This particular JCP said that the benefit reviews were mandatory but we could not defer the WFI’s or get an exemption from them so not exactly voluntary.  I’ll be writing to the JCP manager and see what happens…

I don’t think a WFI constitiutes work-related activity, does it? Carers can be exempt from WRA, but a carer on IS does not seem to be exempt from WFIs. CPAG p1084 still cites the Social Security (Jobcentre Plus Interviews) Regulations 2002, regs 2-4
http://www.legislation.gov.uk/uksi/2002/1703/contents/made

These have the effect of requiring a WFI for IS claimants when there is a relevant change of circs, or at the most every 3 years. The non-health related exemptions are lone parents with a child under one, or claimant over PC age.

The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations 2014 are on http://www.legislation.gov.uk/ukdsi/2014/9780111108499/body and these make some amendments to Social Security (Jobcentre Plus Interviews) Regulations 2002. But it is draft legislation and no SI yet. There’s also a pdf about it on google called ‘The Draft Social Security (Jobcentre Plus Interviews) Regulations 2002’ with the Select Committee ad IDS comments.