Government/jobcentre or Shaw trust fiasco??

timsams

My son is caliming ESA for paranoid schizophrenia, since last December.

He had to attend a medical from Atos two weeks ago. The stress involved etc has seen him readmitted into crisis care as he has been sucidal and stopped his meds.

We received a letter saying he is has been placed in the supprot goup of ESA; I phoned them yesterday and they said he does not need to attend any work related activities or interviews, in six months they will refer him to Shaw trust who will review the situation.

Today we recieved a letter saying he has to attend a work focused interview next week. My wife phoned the ESA and they again claimed he does not have to do anything and to ring shaw trust as he is in the support group.

The Shaw trust said they know nothing about the different groups but if he doesn't attend he will lose benefit!!!!

The local jobcentre has said once a client is referred the shaw trust can basically do what they want, they can decide to take him the support group.

We are worried as he is suicidal again, what is the point of medicals, or support groups when they are obviously meanignless.

If he had been placed in the work related category we would understand, but the government rules clearly state that those in the support gruop DO NOT HAVE TO ATTEND BACK TO WORK INTERVIEWS unless they want to.

What on earth is going on?????

-BA-

Without doubt I would say that this is a communications breakdown. I would say ring Shaw Trust back and ask to speak to one of the advisors, if they still maintain that they know nothing about the different groups ask politely to speak to a manager because any advisors working on the Pathways to Work programme should have now been updated on the ESA groups.

timsams

Thanks, we have already tried but the switchboard lady refused to transfer us - we tried twice. The jobcentre say it is out of their hands once a client has been referred, he's very stressed. If we have to attend can he be put into the work activity group? as jobcentre said yes. Cosham told us there is no requirement for him to attend but shaw trust seem to be riding roughshod over medical examination - support group is supposed to protect people like my son, procedures have been igored an absolute mess!

timsams

does anyone know if my son does go the interview he will lose support group status, and if those in the group have to attend?

-BA-

Sadly if your enquiries are being blocked at switchboard level then I would recommend that, if convenient, you could perhaps visit the offices to raise your concern. There are however details to contact the head office if you are unable to get the answers you need.

http://www.shaw-trust.org.uk/comment_on_our_service
( If you would like to talk to someone about your complaint/comment please call the Feedback Co-ordinator on 01225 779473

I hope you have more joy through this approach.

timsams

And does anyone know what happens if we dont attend? I dont want him to defer interview - i just want to know what on earth they are doing calling him in when he's just had a medical & been placed in support group? And why the jobcentre wont intervene... the governments own rules state this shouldnt happen!!

timsams

Thank you BA, I will try tomorrow. I don't hold much luck, as jobcentre did contact them, but said they have their own procedures & once referred and on their database there is a compulsion to attend. What I really want to know is should he be called in if in the support group?

Horace

The Shaw Trust are a separate entity to the jobcentre and they are normally pretty good but their raison d'etre is to get disabled people into work.

I would contact them again, and use the complaint number, mind you if the receptionist gets stroppy get her name and make a complaint about her.

Wishing you and your son luck.

-BA-

I am quite sure that the provision allows for non-attendance due to ill health. Benefit sanctioning is generally a last resort for persistent non attendees/participants.

My expertise on the ESA/Pathways to Work process is limited and some further research has yielded this site that should give you some guidance:

http://www.disabilityalliance.org/f31.htm

I would draw your attention to paragraphs 3.1 and 3.2 (I have highlighted what I think may be the relevant parts):

3.1 The work capability assessment


The ESA work capability assessment (WCA) is carried out by a health care professional working on behalf of the Department for Work and Pensions. It is intended to:

• find out whether you have a ‘limited capability for work’.
• find out whether you have a ‘limited capability for work-related activity’.
• carry out a ‘work-focused health-related assessment’.

The ‘limited capability for work’ test is used to see if you can stay on ESA. Points are scored based on your ability or inability to carry out a range of physical or mental health activities as appropriate. If you score 15 points you are deemed to have limited capability for work and can stay on ESA. If you do not pass this test you would need to consider appealing this decision and/or claiming jobseeker’s allowance instead.
The 'limited capability for work-related activity' test is used to decide whether you are placed in the support group of claimants or the work-related activity group (see 7). The test has a list of 46 descriptors, relating to both physical and mental functions. If at least one of them fits, you will be placed in the support group of claimants.
The ‘work-focused health-related assessment’ (WFHRA) is used if you are placed in the work-related activity group. It collects information about your ‘functional capacity’ to carry out tasks. This focuses on the things you can do as opposed to the limited capability for work assessment, which focuses on the things you cannot do.
The WFHRA also collects information about any health interventions that could improve your functional capacity and thus support a move back into work. This could include the use of appropriate aids and adaptations. The information collected in the WFHRA is put into a ‘capability report’ which is used in the work-focused interview.
For more information see our Factsheet F32 - employment and support allowance medical tests.
3.2 The initial work-focused interview

You are expected to attend an initial ‘work-focused interview’, unless you are terminally ill. This will normally take place during the 8th week of your ESA claim. At this interview a ‘personal adviser’ will discuss your work prospects, the steps that you are willing to take to move into work and the support available to you. As a guide, the personal adviser will be using the capability report that was produced in the work-focused health-related assessment.
The interview can be waived if you are likely to be starting a job or returning to work. The personal adviser can also defer an interview if, because of your condition, it would be inappropriate at that particular time.

A further fact sheet here clarifies it a little more:

http://www.disabilityalliance.org/f10.htm

Who does not have to attend a work focused interview?

The personal adviser may waive or defer attendance for an interview if they consider that it would 'not be of assistance' to you or 'appropriate in the circumstances'. Once attendance has been waived you are treated as if you had taken part in the interview. If attendance has been deferred you will have to attend an interview at a later date.
You are also not required to attend a work-focused interview if:

• you are aged 60 or over.
• you are about to start work
• you are working 16 hours or more a week
• you are placed in the employment and support allowance support group
• you are claiming IS/IB and are exempt from the personal capability assessment (PCA)

If you have a letter that clearly states your son has been placed in the support group then I would suggest contacting them in the morning and informing them of the above information. You could also contact your local Citizen's Advice Bureau who should be able to confirm it solidly for you.

timsams

Thanks, yes the letter clearly states he is on the support group and gets the higher amount due to it. The esa department clearly told us that he was not required to do any work related activities (at medical he never had work related health examination) as dr said he was clearly to ill at the moment. In spite of this shaw trust said his benefits would be cut, and to tell his personal adviser. I dont want to postpone interview- I want them to follow rules, the hassle is making him iller, precisely what being in the support group is supposed to prevent!

timsams

Thanks so much for that info, it confirms what I thought, still us knowing & the esa ppl saying he's not expected to attend doesn't stop the shaw trust insisting he attend to protect his benefits, the fact that if he attends he will be moved off support group and the fact the jobcentre say its nothing to do with them once a client is referred.