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ESA and Work Program

Hello,

I was on JSA. I then moved onto ESA at the end of January 2013 due to depression. My GP has said that I am unfit for work. The DWP have sent her a medical questionnaire and she has responded.

However, I was on a Work Program with an employemnt agency and they have said that I must keep coming in to see them to look for work.

Can anyone please explain why the employment agency still want me to look for work when I am on ESA and unfit for work?

Thank you.
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Comments

  • GotToChange
    GotToChange Posts: 1,471 Forumite
    They are wrong and you should not be required to attend the Work programme when you are in receipt of ESA. They should know this.

    You are "allowed" to make use of their "help" voluntarily - but it is not mandatory. Might be worth confirming woth the JobCentre you would usually sign with or the Benefit Delivery Centre - not sure which one would be best.
    :)
  • looby75
    looby75 Posts: 23,387 Forumite
    They are wrong and you should not be required to attend the Work programme when you are in receipt of ESA. They should know this.

    You are "allowed" to make use of their "help" voluntarily - but it is not mandatory. Might be worth confirming woth the JobCentre you would usually sign with or the Benefit Delivery Centre - not sure which one would be best.
    :)
    sorry but thats wrong. From the 3rd of Dec last year it is mandatory attend the work programme if you have already been assigned to them, even if you are on ESA and signed off work by your GP. What they can't do however is make you apply for jobs.

    You still have to attend any appointments they make for you and they can even put you on work placements if they want. If you don't attend appointments or work placements your ESA will be sanctioned until you do attend or to use their lingo "re-engage" with the work programme/work placement.
  • AP007
    AP007 Posts: 7,109 Forumite
    looby75 wrote: »
    sorry but thats wrong. From the 3rd of Dec last year it is mandatory attend the work programme if you have already been assigned to them, even if you are on ESA and signed off work by your GP. What they can't do however is make you apply for jobs.

    You still have to attend any appointments they make for you and they can even put you on work placements if they want. If you don't attend appointments or work placements your ESA will be sanctioned until you do attend or to use their lingo "re-engage" with the work programme/work placement.
    thats bonkers? If you are on ESA you cant work yes? So ok they can not make you apply for jobs so what is the point of attending the WP?
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  • looby75
    looby75 Posts: 23,387 Forumite
    AP007 wrote: »
    thats bonkers? If you are on ESA you cant work yes? So ok they can not make you apply for jobs so what is the point of attending the WP?
    I totally agree, and in reality anyone on ESA will most likely end up being "parked" which is what seems to have happened to me. I am currently on ESA and have been since july last year, I had my first appointment with the WP since changing from JSA to ESA on 2nd Jan. The advisor I saw asked me about my health issues, agreed that it was bonkers that I still had to attend but explained the change in regulations and I haven't heard from them since.

    But if you don't attend any appointments they set for you they can and will refer you for a sanction, that was made VERY clear to me. (more as a friendly warning than a threat it would seem)
  • Cool_Chick
    Cool_Chick Posts: 111 Forumite
    Thanks eveyone for your comments. I do think that looby75 is correct. Once you are on a Work Program, they can do whatever they want.

    The Benefit Delivery Centre refers you to your Jobcentre. They refer you to the Work Provider.

    Can you please advise what a "work placement" is?

    Thank you.
  • looby75
    looby75 Posts: 23,387 Forumite
    Cool_Chick wrote: »
    Thanks eveyone for your comments. I do think that looby75 is correct. Once you are on a Work Program, they can do whatever they want.

    The Benefit Delivery Centre refers you to your Jobcentre. They refer you to the Work Provider.

    Can you please advise what a "work placement" is?

    Thank you.
    It's pretty vague but they can send you on a work placement for up to 30 hours a week, if they feel it would benefit you, at any place that is for the benefit of the community. Although if you have caring responsibilities or health issues they have to take these into account.
  • Cool_Chick
    Cool_Chick Posts: 111 Forumite
    Looby75, I feel reluctant to discuss my health with an unqualified advisor. Are you required to?

    Thank you.
  • Cool_Chick
    Cool_Chick Posts: 111 Forumite
    Looby75, so they will force you to work (and unpaid) against the advice of a GP? I don't understand how they can do this.

    Thank you.
  • looby75
    looby75 Posts: 23,387 Forumite
    Cool_Chick wrote: »
    Looby75, I feel reluctant to discuss my health with an unqualified advisor. Are you required to?

    Thank you.
    I'm honestly not sure about that. The advisor I saw (the 4th new one in the 6 months I'd been attending the wp) asked if I minded discussing it with her so she should get a better understanding of what my barriers to work were. I got the impression that if I said no then that would have been the end of that, but I was happy to tell her so it wasn't an issue.

    Common sense would say that as it's a medical issue they have no right to insist you tell them what your health problems are other than the very basics. But then again this is the Work programme we are talking about :( I doubt that you would end up with a sanction if you refused to go into detail, but they might be less flexible with you when it comes down to appointment etc.
  • looby75
    looby75 Posts: 23,387 Forumite
    Cool_Chick wrote: »
    Looby75, so they will force you to work (and unpaid) against the advice of a GP? I don't understand how they can do this.

    Thank you.
    I don't either but apparently Ian Duncan Smith knows better than your own GP now :(

    http://www.dwp.gov.uk/newsroom/press-releases/2012/nov-2012/dwp131-12.shtml
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