Failure to attend WFIs

My client, who is in receipt of IS , is HIV positive and a victim of drig misuse. He was in a rahbilitation unit between 22/07/2009 to 28/12/2009.
He failed to attend WFI’s - 7/5/09,10/6/09, 22/7/09, 18/9/09, 7/10/09 and 15/10/09. His IS was reduced by 20% from 6/11/09 to 20/5/10. He did attend a WFI in May 2010, so his full IS has been reinstated.
Client has appealled the 20% reduction and provided proof of his period in rehabilitation, but the decision has not been changed.
I understand that the client was obliged to show good cause for not attending WFI, within 5 days of when the interview was scheduled to take place. He does not remember receiving the first 2 notifications and was at a different address during the rehab period.
Are there any merits in this appeal?

Girdy - 13 October 2010 01:54 PM

My client, who is in receipt of IS , is HIV positive and a victim of drig misuse. He was in a rahbilitation unit between 22/07/2009 to 28/12/2009.
He failed to attend WFI’s - 7/5/09,10/6/09, 22/7/09, 18/9/09, 7/10/09 and 15/10/09. His IS was reduced by 20% from 6/11/09 to 20/5/10. He did attend a WFI in May 2010, so his full IS has been reinstated.
Client has appealled the 20% reduction and provided proof of his period in rehabilitation, but the decision has not been changed.
I understand that the client was obliged to show good cause for not attending WFI, within 5 days of when the interview was scheduled to take place. He does not remember receiving the first 2 notifications and was at a different address during the rehab period.
Are there any merits in this appeal?

Possibly. I think.

I have a case where the DWP have explained that they (at that time) did not issue decisions to the claimant on applying the reduction in benefit but sent notification to the pathways provider. ??

Wrote to the Chief Exec and the response came back from Manchester (Oldham) District that they would look again at their guidance.

The date ranges given are likely to be in the same period where decisions were not issued on reductions in benefit.

That way if the decisions weren’t issued the appeal rights are still within the limit to appeal.

I’ve not got to grips with the five appeal submissions as yet to give any merits.

Thank you. I appreciate your help.
I’m still stuck on whether the appeal has any chance of success, as it appears neither my client or his support workers had access to his mail while he was in rehab, so didn’t contact IS about good cause for not attending WFIs. It also appears no one informed IS of my client’s circumstances either before or during rehab. All the information being provided now is well outside of the 5 day time limit to notify IS of his “good cause” for not attending. Also 2 of the WFI dates were before he went into rehab, so he should have received those notifications. I’m trying to get medical evidence regarding his metal capacity during this period. Do you think this will help or am I taking the wrong approach?

I’m not sure. The functions of the SoS have been passed to the Shaw Trust in this case to carry out on their behalf.

In the case I’m looking at (and I can only speak for my case) the letters are not unambiguous.

The regs say a relevant claimant is required to take part in a WFI (i.e. mandatory)

The letters issued on behalf of the SoS say

{Following a referral from JC+ We are writing to let you know that we have arranged a work focussed interview for you with your Employment Adviser to discuss the tailored, one to one support available to you through the Pathways to Work Programme which is aimed at supporting you back into employment. If you have been requested to bring additional information e.g. details of recent training, benefit details, (confirmation of benefits), proof of identity, CV or work history details, then please bring these details with you to the appointment confirmed below. Please find appointment details below:

Shaw Trust has been supporting people back into employment for over 25years; this places us in a unique position to understand the barriers you may face when trying to move into employment.}

The next letter is about missing the appointment and says;

{We wrote to you recently to expalain the support Shaw Trust can offer you in order to help you in your move through the Pathways to Work programme. WE also informed you that a WFI had been arranged for you to meet one of our Employment [sic]

Unfortunately you did not attend this interview.

It is important that you attend and participate in Work Focussed Interviews to find out about the range of tailored, personal support available to you, and to avoid any possible reduction to your benefit. (in bold) You must contact us by 30 Nov 2008 (end bold) to provide a suitable reason why you did not attend this interview and to rearrange another date otherwise, unfortunately, we are required to notify the Benefit Delivery Centre, who will then decide if your benefit is to be affected.}

I’m not sure if the instructions issued on behalf of the SoS are clear?