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work programme Mandatory during esa appeal?

I am currently in receipt of basic ESA money as i am appealing the decision of my Atos medical.
I am also participating in the work programme and have been doing so,off and on for the past 16 months roughly.
i have read information on the dwp website stating that during an appeal for Esa a person is exempt from participating in the work programme but for some reason i am still being required to attend?
does anyone have any knowledge of this or any advice about where i stand please?
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Comments

  • HB58
    HB58 Posts: 1,787 Forumite
    1,000 Posts Combo Breaker
    You are correct in that you should not be forwarded to the work program (although you could still be required to undertake WFIs) if appealing against a WRAG decision. I suspect that the difficulty has arisen because you have already enrolled in a Work Program and these are notoriously difficult to get out of once you have done so. I don't know what the law says about claimants who have already enrolled in a WP, I'm afraid.
  • Horseunderwater
    Horseunderwater Posts: 3,406 Forumite
    1,000 Posts Combo Breaker
    When you say work programme do you mean Work focused interviews or do you mean an actual work referral that normally happens when you apply for JSA after a certain time frame? There does seem to be some muddle up here as it is not clear from both threads exactly what benefit you are claiming or have been on etc.
  • ljr10
    ljr10 Posts: 20 Forumite
    edited 21 May 2013 at 5:48PM
    ok to clarify.
    I am currently claiming esa.
    I am also taking part in the work programme.
    I go to fortnightly appointments with an outside provider, no work focused interviews.
    i was originally referred for this around 16 months ago whilst i was claiming job seekers allowance.
    During the past 16 months with the work programme( i have had two periods of employment, i found work and signed off job seekers allowance and ceased going to the work programme)
    after my first employment ended i was promptly put back on the work programme to resume where i left off.
    At some point during my second period of employment i began to have some health issues which are ongoing.
    I have since been unfit for work and transfered to esa.
    I am still on the work programme at this point.
    i did not 'pass' my medical with atos during assessment phase and am appealing the decision
  • Horseunderwater
    Horseunderwater Posts: 3,406 Forumite
    1,000 Posts Combo Breaker
    Technically you should not now be in or on the work programme. Speak to DWP and tell them that you are not in receipt of JSA but ESA and can they stop these WP meetings as you are not fit to do any work at present as you are in process of going through ESA application etc.
  • ljr10
    ljr10 Posts: 20 Forumite
    edited 21 May 2013 at 6:08PM
    yeah i think im going to have to. i mean i did give them a call after i was in receipt of esa and query as to why i was still being asked to go to the work programme and to be honest, the guy on the phone was pretty unhelpfull and rude but it was explained to me that i did have to attend.
    i have been bending over backwards, jumping through hoops for these people for months, going to whatever they ask of me, no questions asked and i am not in the best of health at the minute.
    The fact is that the whole thing is a total waste of time as all they make me do is travel across the other side of the city(which is two buses there and two buses back) just to sign a piece of paper then be on my way.
    once i lodged my appeal i decided to do a bit of digging, found out that technicaly i should be exempt at this point whilst my appeal is being taken care of, really really annoyed me.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 21 May 2013 at 6:04PM
    ljr10 wrote: »
    ok to clarify.
    I am currently claiming esa.
    I am also taking part in the work programme.
    I go to fortnightly appointments with an outside provider, no work focused interviews.
    i was originally referred for this around 16 months ago whilst i was claiming job seekers allowance.
    During the past 16 months with the work programme( i have had two periods of employment, i found work and signed off job seekers allowance and ceased going to the work programme)
    after my first employment ended i was promptly put back on the work programme to resume where i left off.
    At some point during my second period of employment i began to have some health issues which are ongoing.
    I have since been unfit for work and transfered to esa.
    I am still on the work programme at this point.
    i did not 'pass' my medical with atos during assessment phase and am appealing the decision

    Then you should speak to the Jobcentre advisor (NOT the ESA telephone line it has nothing to do with them) and tell them that you think you are on the work programme incorrectly carried over from a JSA claim.

    You are on ESA appeal after being found fit for work....you should not be going to jobcentre for WFI or for work programme.
  • ljr10
    ljr10 Posts: 20 Forumite
    edited 21 May 2013 at 6:09PM
    epitome wrote: »
    On ESA appeal having been placed in WRAG (appealing for Support Group) you will be required to attend the jobcentre for WFI this is not the "work Programme".

    The work programme is when you are asked to attend job training somewhere other than the jobcentre, one company that does this for the DWP is called Igneus.

    You may be getting confused. Ask your jobcentre advisor if you are "on the work programme?" if they say yes, then tell them you are on WRAG appeal.

    i am not getting confused. i am on the work programme, i do not attend the job centre at all, i attend a company called serco and have been for 16 months? im not sure how i havent made that clear. if so sorry
    i have not attended the job centre once since my claim for esa and do not have an advisor.
  • ljr10
    ljr10 Posts: 20 Forumite
    edited 21 May 2013 at 6:10PM
    epitome wrote: »
    Then you should speak to the Jobcentre advisor and tell them that you think you are on the work programme incorrectly carried over from a JSA claim.

    You are on ESA appeal after being found fit for work....you should not be going to jobcentre for WFI or for work programme.

    problem with this is i do not have a job centre advisor, i do not attend the job centre.
    as i am not technically in the work related, i was still in the assessment phase and now i am appealing.
  • epitome
    epitome Posts: 3,199 Forumite
    Just stop going to work program then, or tell your work program provider that you are no longer on JSA they will tell you to stop coming quick as a flash. They won't get paid for you so they won't carry you any further.

    BTW there are always advisors in JC you can speak to. You can speak to your old JSA advisor (probably the best person to speak to) or ask for an ESA advisor.
  • Teahfc
    Teahfc Posts: 1,468 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    socc wrote: »
    The abysmal Work Programme. Authorities were told from the beginning they would be wasting Taxpayers' money again , but hey , look at who has made money from it and guess who got the Backhanders.

    Who told the Authorities it was a waste of money ?

    Who has made money from it.?

    Who has taken backhanders ?
    "Man invented language to satisfy his deep need to complain."


    ''Money can't buy you happiness but it does bring you a more pleasant form of misery.''
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