I have a client on LT IB who has recently been awarded underlying entitlement to carer's Allowance and claimed Income Support.

She has been called to a Work focused interview. This would be injurious to her mental health but obtaining a letter to this effect from her GP has not been possible.

There is plenty of info out there stating that a WFI is not compulsory to someone claiming carer's Allowance, but I've not been able to find anything that states that she is exempted for claiming IS as a carer.

Can anyone point me in the right direction, please?

There is no obligation for your client to attend a work focused interview - she can also claim the I/S top up.
To nip this frivilous behaviour in the bud so to speak, I would strongly refcommend that you speak to the manager of the Local office concerned - if that fails complain to the district manager:

Manchester Central
District Manager Mike Keegan
1st Floor, East Wing
Ontario Hse
2 Furness Quays
Salford Quays
Salford, Manchester
M50 3XZ
TEL 01618731045
Lindsey.Harman@jobcentreplus.gsi.gov.uk

External Relations Manager Mike Keegan
1st Floor
Ontario House
2 Furness Quay
Salford Quays
Salford
Manchester
M50 3XZ
TEL: 0161 873 1195
EMAIL: mike.keegan1@jobcentreplus.gsi.gov.uk

Manchester West & East District Manager Chris Heaton
Othen House
7 Oldham Road
Middleton
Manchester, M24 1BX
TEL 0161 6542040
Christine.heaton@jobcentreplus.gsi.gov.uk


External Relations Manager Marie Gillott
Othen House
7 Oldham Road
Middleton
Manchester
M24 1BE
TEL: 0161 654 2085
EMAIL: marie.gillott@jobcentreplus.gsi.gov.uk

Thanks Mike

I will point this out to the JCP and see how I get on.



Karina

Mike I had a similar problem a while ago, and I couldn't work out any provision that guarantees a carer exemption from a WFI if s/he's claiming IS, whether alone or as a top-up to CA; s/he could only rely on JC+ discretion to waive the requirement but had no recourse if they declined to waive it.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=4346&mesg_id=4346&page=2

Have you found a useful reg? Or sympathetic and sensible managers?

It was made voluntary in October 2005 after many WRA's had pointed out the illogical process of thought then currect - I can't find a reference to which directive/guidance was used - however, below is an extract from the Carer's Allowance leaflet which clarifies this - note that they are saying that if one is also claiming I/S or INcap - (I assume at the same time as putting a claim for CA? it doesn't make it clear) then a WFI is necessary .....I personally still can't see the poit, because the customer will still not be available to seek work - so where's the logic..

=======================

Work Focused Interviews
If you live in an area with a Jobcentre Plus office, we can offer you a Work Focused Interview (WFI) with a personal adviser. You do not have to have the interview to claim Carer’s Allowance, but it is available to you if you would like advice about possible part-time employment or training. The help is there if you choose to take advantage of it, either now or later if your caring responsibilities change.
If you would like to discuss whether a WFI may be appropriate for you, or arrange an interview, please contact your local Jobcentre Plus office. There are details of your Jobcentre Plus office in your local phone book.
If you are claiming Income Support or Incapacity Benefit as well as Carer's Allowance, you will have to have a WFI as a result of your claim for those benefits. If this is the case, the relevant office will contact you

========================

...PS - this leaflet can be found via the Jobcentre plus website - Carer's Allowance - further info about Carers allowance links .....

Think the regulations that mike has highlighted are Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005 (SI.No.2727/2005)

See the 11 October 2005 rightsnet news story Work-focused interviews - New statutory instrument.

Thanks Ken - I started to wade through guidances etc but it's like working with treacle ...........I was interested in the fact that if you apply for CA only then you are exempt - however if you also apply for I/S (for example) then you have to attend a WFI, which is what our Manchester friend has been caught by...

Yes. Exactly. Exempt from WFI in respect of CA - but not in respect of IS. So even a carer getting CA has to go through the WFI hoop to get an IS top-up, and ask each time for the WFI to be waived or deferred at the whim of JC+. And if the CA recipient is also a lone parent the WFI requirement is even more frequent than otherwise.

At least that's the experience of the client who approached us a few weeks ago.

For one glad and glorious moment Mike I thought you'd found a solution. Oh well...

...aaah, but what we have found is an illogical process within the system which wastes everyone's time - client and JCP - a WFI is what it says on the label it is - and the client's are already working, looking after a seriously disabled person - or as one district nurse put it, Nursing on the cheap.....

"but what we have found is an illogical process within the system"

On a Friday afternoon I'm tempted to ask whether there's any other sort of process within the system...

or even whether there's any system within the process. Its been that kind of week.

Below is a reply from Beverley Walsh of JCP Products & Services which may be of interest. the obvious point is that if a Carer wanted to find work that would fit in with their caring responsibilities then they would voluntarily attend a Jobcentre plus office: it should not be mandatory.

In many cases if it were not for a Carer, the patient would require either Social Services input or residential care - at a much higher cost to the State - or as one social Worker put it, nursing on the cheap.

====================================================================

Mike

Thanks for your e-mail which has been forwarded to myself.

Carer's Allowance is a very different benefit from Income Support or income-based Jobseeker's Allowance.

The policy rationale behind the decision to mandate Carers to attend Work Focused Interviews when new /repeat claims are made to IS and JSA(IB) is that consideration should be given to each and every Pathways customer re inclusion and labour market discrimination. This includes lone parents who have caring responsibilities as well as those in receipt of Carer's Allowance. It should not be a given assumption that just because a customer has caring responsibilities that they cannot/ do not want to work at all. There are many circumstances when people in this situation do wish to consider all of their options.


I hope that this is of use



Regards
Beverley Walsh
IS Products & Services
3/S/25
Quarry House
Leeds

"the obvious point is that if a Carer wanted to find work that would fit in with their caring responsibilities then they would voluntarily attend a Jobcentre plus office: it should not be mandatory".

In a nutshell! That cuts through all the DWP waffle "that consideration should be given to each and every Pathways customer re inclusion and labour market discrimination".