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

Work-related activity - never-ending?

Liz Wilson
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Benefits and Money Adviser, Yorkshire Housing, York

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Hi. I am working with a customer on ESA (wrag) who is blind. It seems likely that he will be moved into the support group following a recent review. In the meantime he has contact with a personal adviser - for the first year it was telephone contact only but he got moved to a new provider and he now has appointments also. The personal adviser doesn’t know what to do with him but obviously feels that he needs to suggest activities. For example, the customer was told that his brother should search general ‘work at home’ websites to try to find work for him, the brother asked the adviser whether he would get a wage for this support! The customer does not feel that work is an option for him and finds it amusing but frustrating. He is following any suggestions so sanctioning doesn’t appear a likelihood but he could do without the hassle, especially as he lives in a rural area and is heavily dependent on his brother anyway. How long does someone remain on the Work Programme once on ESA? Any advice about trying to alter the nature of contact or recommendations? Thanks

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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They can’t make him look for work while he’s on ESA.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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A person is stuck in the WP for 2 years, that period starts from the first day of the referral to Work Programme. It sounds like the initial Personal Adviser was at JCP so I’d guess that the recent referral to “another provider” is the trigger for that 2 years to start running.


Keep an eye out for CE/3453/2013 later this year as one of the issues that had the UT’s eyes raised was the lack of a mechanism to exit the WP early once a referral had been made. I would expect guidance on that issue once the decision’s handed down.

 

sara lewis
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Welfare rights service -Derbyshire County Council

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I thought CE/3453/2013 was heard on 8/5/14?  I have got a case at the Upper Tier which is being held pending it’s outcome, so I have been looking out for the decision but haven’t seen anything.  Does anyone know anything about it?

Thanks

Sara

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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sara lewis - 02 June 2014 02:24 PM

I thought CE/3453/2013 was heard on 8/5/14?  I have got a case at the Upper Tier which is being held pending it’s outcome, so I have been looking out for the decision but haven’t seen anything.  Does anyone know anything about it?

Thanks

Sara

It was adjourned on 8th May for further evidence from DWP. The deadline for that evidence is Friday, fortnight for our subs after than then another hearing. I wouldn’t expect a decision before Autumn. Fair to say they might be in a rush though; we only got 4 weeks’ notice of the hearing. That might have been more to do with venue availability though.

sara lewis
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Welfare rights service -Derbyshire County Council

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Thanks DManville that’s really helpful.