Work Programme & ESA

My understanding of the work progamme is that it is compulsory for those in the WRAG who have been found, at their medical, that they will be fit for work within the next 3-6 months.

Anyone any idea how a 3-6 months assessment is challenged?

Dealing with a client who failed LCW assessment - this was appealed and the appeal in March was successful, though he was put in WRAG. The tribunal made no judgement on when he was likely to be fit for work. Currently sorting out his situation re: the work programme, which he was told by JC+ before his Tribunal that he would have to go on.

Anyone any thoughts? I’ve done a search as I’m sure its come up before – but couldn’t find anything

A further twist – it has now been established that client in unlikely to be fit for work within 2 yrs - but as he should already be on the programme (following the previous 3 months assessment) – he is still being told it is compulsory.

It is a quite an unusual case - client is a refugee, PTSD (amongst other issues) but recently started a uni course (with a lot of support through uni disability support services & his support worker), he gets DLA (LRC/LRM) so still entitled to claim ESA.

Anyway - any experiences on disputing compulsion on attending work programmes very much appreciated

I think you should be looking at deferral.

If your client is not in the Support Group then its Work Related Activity.

WRA includes Work Programme.

WP has mandatory activity.

Worst case for not engaging is no payments of Work Related Activity Component.

2yrs is the estimated time to get people from the workless status to the work status.

Who knows what will be unleashed, *sorry* will happen, at the end of the two year period.

John Birks - 15 June 2012 11:01 AM

I think you should be looking at deferral..

Thanks for the reply - what were you advising to look at deferring?