Forced To Look For Work On ESA?

Supernatural

Can someone please clarify the situation regarding being made to look for work/apply for jobs when in the WRAG?

I saw my work program advisor yesterday and he said unless I appeal to go into the support group he's going to start to push me into jobseeking, this isn't right surely? My health isn't very good at the moment and there's no way I can hold a job right now, I thought they couldn't make you apply for jobs, is there any documents that show this? My work program ends in August, are they just trying to get their bonus?

Indie_Kid

The idea of WRAG is to get you work ready. So, for example, if you couldn't do your old job, they may suggest looking into courses that could lead to another job. You can't be made to look for or apply for work.

Supernatural

That's what I thought, I'm quite happy to prepare to be able to do something in the future but he's written on my action plan I have to enquire about jobs and keep a record about ones I do, this is jobseeking no? He implied that if I didn't there was a sanction he could apply for 'not trying'.

lukieboy96

I do not think you have to apply for work if on ESA WRAG. They are supposed to offer advice. At my last WFI she said she will conatct me in 6 months. If they force you to look for work, then appeal.

KxMx

On ESA WRAG there are mandatory work activities as set down by your advisor.
However, applying for paid jobs is pretty much the one thing they cannot force you to do.
I second the suggestion to appeal against this.

Supernatural

Thanks all, there's been no other help offered, as in courses etc, which I'd be open to if my condition allows. He seems to have a bee in his bonnet about pushing me into working 20 hours a week for min wage, but has no idea what I can do safely.

Think I'm going to stand my ground and say no to it at the moment, let's see if he carries out his threat to 'come down hard on me', yes, his exact words.

FBaby

You can enquire about jobs, get some practice in filling out application forms, review your CV etc... without actually sending your application of. Maybe that's what he meant.

rogerblack

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252065/dmg-vol9-ch53.pdf
'Requirement to undertake Work Related Activity'
53037 ... 'The claimant cannot be required to: 1) Apply for a job or undertake work, whether as an employee or otherwise'.2) Undergo medical treatment'.

This matches the legislation - http://www.legislation.gov.uk/uksi/2011/1349/regulation/3/made

(4) A requirement imposed under paragraph (1)—

(a)must be reasonable in the view of the Secretary of State, having regard to the person’s circumstances; and

(b)may not require the person to—

(i)apply for a job or undertake work, whether as an employee or otherwise; or

(ii)undergo medical treatment.

rogerblack

In addition - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264161/wp-pg-chapter-2.pdf - may also be useful.
This is the work program provider guidance.
See page 2 - 'But you may not mandate these participants to apply for jobs'.

Supernatural

Thanks Roger, you're a star, that's what I was after. Hope he backs down but always handy to have the law down on paper

A.Penny.Saved

I am in the support group and my advisor said to me the last time I spoke to him "what have you done to find work since we last met?"