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ESA appeal submissions including “Work Provider Sheets”
Hello there
Just received an IB(IS) Reassessment to ESA sub and it includes 3 work provider sheets for Igneus, Maximus and Reed. The sub states that “for (my client) the least demanding tasks may include being referred for budgeting advice, finding out possible transport routes and trying them out, registering with or visiting a library or other local support or training. She could also do and more demanding tasks such as creating a CV…”.
Has anyone had any appeals with the new work provider info and if so, how much attention did the tribunal go into what activities the client could or could not do? For Reg 35(2) obviously the substantial risk to health has to be identified but I am concerned that if a client is perceived as being able to pick up a phone and make a call they will fail the LCW WRA?
Many thanks!
I have had the phone thing come up before. That particular (first-tier) tribunal appeared to think it sufficient.
I’m assuming that they lost the appeal or were placed in WRAG instead of SG?
If you have a look at the latest DWP guidance in DMG 17/15, there’s certainly an opinion at their end that telephone contact could suffice. In particular, see example 5, which I find most worrying:
Evidence from the voluntary organisation is that Michael has problems coping financially, and is in arrears with rent and utilities. His fears about leaving his home began when he was assaulted by someone from whom he had borrowed money. He lives alone and has no support from family or friends. Although Michael could not undertake the most demanding of the WRA offered by the local Jobcentre, as this would require attendance at the Jobcentre, the least demanding WRA on the list includes debt counselling and advice on benefits, which could be carried out by telephone to avoid any risk to his mental health. The DM determines that Michael cannot be treated as having LCWRA.
Of course, this is only guidance and has no judicial weight as such, so you would still be arguing cases on their individual facts and merits, in line with the overarching approach set out in IM
I did see that last week and found it hard to stomach that getting benefit advice and money advice could be part of WRA! I have yet to come across a provider that offers this or maybe things have changed…
Maybe they need to use the budgeting advice providers, as I believe there has not been an enthusiastic take-up of budgeting advice under UC. As a colleague observed, “what’s the point of budgeting advice for people who have nothing to budget with?”.
To my mind, receiving advice (of whatever sort) by itself, is an abuse of the word “activity” in the context of improving the claimant’s prospects of finding work.
Would certainly be interested to see their argument of how it will improve someone’s chances of finding work!
Would certainly be interested to see their argument of how it will improve someone’s chances of finding work!
Bus fare to an interview? Interview clothes? Being able to eat properly so focussed? Skills that are transferrable into the workplace?
Dunno, but I reckon that an argument could be made on those lines by DWP.
To my mind, receiving advice (of whatever sort) by itself, is an abuse of the word “activity” in the context of improving the claimant’s prospects of finding work.
No more than the abuse of support in the Support Group?
Just a comment on the use of telephone based work related activity. One provider in our area told me categorically that they were no longer contracted to carry out telephone based work related activity and that to fulfil their contract the WFA had to be face to face whatever the clients disability or long term health condition.
I’ve certainly heard from our local provider that they can’t only undertake telephone based activities without being in breach of contract.
Anyway, in relation to the DMG paragraph, has anyone actually come across a provider that offers debt & benefit advice? Our local one signposts clients to us/CAB for that.
Never mind debt and benefit advice, our WPPs were referring clients into the council’s mental health employment serice until it was disbanded.
WPP’s referring into free council provided vocational support. The Cheek!
I just looked at one of these sheets which a colleague received for her case, and I find it quite difficult to understand.
There 2 separate sheets for 2 2 providers, one of them says ‘all engagements done by face to face appointment, no telephone meetings. Other provider has face to face as ‘preferred method’.
Virtually all of the activities listed for both providers look like something more suited for JSA claimants or those returning to work in the immediate future: CV and covering letter writing, mock interviews, interview skills, cold calling, candidate pool sessions screening clients for suitability for certain employers, assistance securing work placements, work trials voluntary work.
Only the ’ no telephone appointments’ provider has some health and wellbeing workshops. and offers access to 3rd party specialists including support for mental health (presumably only for those whose mental health allows them to attend face to face meeting with work programme provider).
There is total absence of any subjects related to disability discrimination, or adaptations to the work place.
Must be quite frightening for claimants who are not ready to go back to work, or who have a permanent illness or disability that will always form a barrier to obtaining and maintaining employment.
After 36years or so of permanent illness & disability I can confirm it is ‘quite frightening’ but the biggest barrier IME is someone else is always willing to say ‘you can’t’ rather than ‘you can.’
So, returning to my original post has anyone had any tribunals where the members have discussed what work activities the appellant is able to do? With my case we do not even know which of the 3 providers she would come under as she hasn’t had a WFI or any WRA yet…also only one of the 3 offer telephone interviews and 1 of the 3 do group activities…