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

ESA and mandatory activity

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

I have a client who was denied ESA, appealed, won and was placed in the Work related activity group.

I know that it is mandatory to attend work focussed interviews, however i was led to believe that if the claimant feels unable to cope with any work offered then they can refuse to do so without penalty.

My client has been for her WFI and Jobcentre Plus are trying to put her on a 2 year work course which she feels unable to manage due to her illness. They have told her that she has to do this otherwise her ESA will be sanctioned.

Is this right? I thought that any such work related activity was optional or did i dream it?

Alice
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Community Care & Welfare Rights, Brighton Housing Trust

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See CPAG Handbook p1031-1032 - If you fail to undertake the required activity you have to show ‘good cause’ within 5 working days of the date that you are notified by the DWP that you have failed to undertake the activity. The decision to impose the penalty can be appealed if it is applied. ”’ Good cause’ is not defined, but the DWP must take all the circumstances into account, including your physical or mental health.” (p1032)

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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What kind of work related activity course takes two flamin’ years?  You can do an A level in that time for christ’s sake!

benefitsadviser
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Sunderland West Advice Project

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Nevip - does it matter? Lets face it, these training courses are run by Camerons friends (A4e anyone?)who get shedloads of our cash for doin nowt. If it takes them 2 years to do nowt then who cares?
Its more to do with ticking boxes than finding work for ill people (In my opinion)

[ Edited: 2 Jul 2012 at 05:29 pm by benefitsadviser ]