Disabled & DWP personal advisor

alexandrajj

I am writing this for my sister. She has a number of health problems but the most severe problem is her mental health problems which are chronic and she has had for quite a number of years.

She is classed as severely disabled and receives high rate DLA for both mobility and care. She also receives SDA (and IS). She has received a letter from the DWP telling her to attend an appointment as she has been on sickness benefit for over 3 years so that she can discuss what her plans are for going back to work.

She rang me in a panic and I went round to hers. First thing I did was laugh out loud as I couldn't believe a person in her situation was even been asked to discuss when she is going back to work. My question to MSErs is does she have to attend the meeting? The letter does threaten that if she does not attend then her benefits may be cut. She does have panic attacks and at times finds it difficult to leave the house but not always.

Any advice welcomed.

NASA_2

http://www.newcastle.gov.uk/core.nsf/a/wr_jcplusincapwfiold

That link may be of some use.

I would suggest ringing the number on the letter and explaining the situation. As far as I can tell only the first interview is mandatory and the rest are voluntary.

alexandrajj

Can anyone tell me if there are any exemptions to this interview please? I know for somethings the PCA affects it. I know previously she has been exempt from the PCA & assessed as 100% disabled for SDA. I thought DLA HRC (&HRM) usually exempted people.

NASA_2

alexandrajj wrote: »

Can anyone tell me if there are any exemptions to this interview please? I know for somethings the PCA affects it. I know previously she has been exempt from the PCA & assessed as 100% disabled for SDA. I thought DLA HRC (&HRM) usually exempted people.

The exemption was removed for everyone at the same time as ESA came in. AFAIK.

kingfisherblue

I can't help the OP, but I have found this thread quite interesting. My son is severely disabled and although still at school, is unlikely to be able to work in the future. I doubt if he would be able to answer questions in an interview, and even if he did, the interviewer would not be able to understand him because his speech is very poor (due to a learning disability and physical abnormalities, so it will never be 'normal' speech). I assume that in these circumstances, I could accompany him and answer for him when necessary?

Could the OP accompany her sister? Even if her sister can answer the questions, presumably she would be allowed somebody with her to support her as she needs a high level of care (evidenced by receiving HRC)?

healy

kingfisherblue wrote: »

I can't help the OP, but I have found this thread quite interesting. My son is severely disabled and although still at school, is unlikely to be able to work in the future. I doubt if he would be able to answer questions in an interview, and even if he did, the interviewer would not be able to understand him because his speech is very poor (due to a learning disability and physical abnormalities, so it will never be 'normal' speech). I assume that in these circumstances, I could accompany him and answer for him when necessary?

Could the OP accompany her sister? Even if her sister can answer the questions, presumably she would be allowed somebody with her to support her as she needs a high level of care (evidenced by receiving HRC)?

Yes you would be able to go to the interview with your son.

alexandrajj

NASA wrote: »

The exemption was removed for everyone at the same time as ESA came in. AFAIK.

Thanks NASA. I find it quite incredulous that they expect those most severely disabled to attend & that there is no exemption. 100% disabled & get DLA HRM & HRC, but must still attend to consider work options. The poor cow can't even look after herself without family & social services input!!! Work? Being able to wash, clothe and feed herself without someone telling her to would be a start. Living rather than surviving would help THEN consider work. I actually fear what the result of simply getting the letter will do to her.

P.S. The letter does say you can bring a friend/relative with you.

BiscuitCrumb

Currently, if you are receiving IB/SDA (with or without Income Support), and are exempt from the PCA/in receipt of the highest rate of DLA care, then you are not required to participate in mandatory work focused interviews.

(However, this doesn't apply if you are claiming ESA)

AsknAnswer2

Just a thought - considering the extent of your sister's disabilities, why is no-one appointed to deal with her affairs (such as her benefit) on her behalf?

sharski

Hi alexandrajj,

Basically, if your sister gets high rate care comp of DLA & rec'd SDA, she is classed as 'PCA exempt' and does NOT have to attend a three year trigger appt at the JC.
Give them a call... it may be just a simple mistake - the codes that the IB section use in the benefit screens are quite complicated so it may be just an oversight by the admin team at the JC.

I can definately promise that she does NOT need to attend - however, like I say, just ring them & give them a prompt.

If you need any more clarification, feel free to post & I'll do my best!!

TOBRUK

Hi Alexandrajj, I think the new system is being implimented and getting everyone back to work has kicked in, with everyone on benefit being assessed!

Last week I received a letter which I have never received before from JOBCENTREPLUS:

YOUR INCAPACITY ASSESSMENT
Do continue to receive payments of benefit, or to be awarded National Insurance (NI) credits, you must meet a threshold of incapacity under the Personal Capability Assessment.

The assessment applies to people getting
Inrcapacity Benefit
Severe Disablement Allowance
Income Support because they are sick
Housing Benefit because they are sick
Council Tax Benefit because they are sick, or
people who send us medical certificates for the award of NI credits

People who get the highest rate care component of Disability Living Allowance are treated as meeting the threshold of incapacity.

Because you are getting the highest rate care component of Disability Living Allowance, you can be treated as meeting the threshold of incapacity.

This means that we will carry on paying you benefit or awarding you NI credits for as long as you continue to satisfy the conditions for getting lenefit or credits.

If I were you I would phone them regarding the letter and explain the circumstances. You have nothing to lose, I'm sure many who are clearly unfit to work or even attend an interview will receive a letter for interview!

The letter I received as you can see states that as I am on HRC component I meet the threshold of incapacity, therefore I will not be called for assessment. They may have made a mistake sending your sister this letter as she too is on HRC.