ESA (WRAG) voluntary work

Lauren wrote: Hi,

Was wondering if anybody could give me some advise please. A family friend is currently claiming the above and was told in his last interview at the JC he had to undertake voluntary work. This was about 5 months ago, he hasn't done any and now has another interview in January. I would just like to point out that he has a mental illness and feels that he has been unable to undertake any voluntary work. Does anybody know if he will be sanctioned for not completing any voluntary work? Is there anything he needs to tell them at his next interview?

Many Thanks in advance

It is possible that they will be sanctioned, it will depend on two factors;

- how the request was worded
- the limitations that they have as a result of their conditions

If the request was in writing and the word "mandate" was used in setting the task then there is a good change that the advisor will request a sanction is applied.

If it was agreed as part of the action plan, this would involve it being added to the action plan and I believe that the claimant also has to sign in confirmation, then a sanction could still be applied.

If the request was verbal and there was no written statement in regard to the activity then a sanction should not be applicable.

The claimants conditions must be taken into account when Work Related Activity is being considered, so for example, if your friend suffers from Social Phobia and meeting people unknown to them would be a problem or even precluded, then you can argue that even a mandated requirement is unreasonable.

JC+ and Work Programme advisors do not have the authority to apply sanctions, only to recommend them the Decision is actually made by a DWP Decision Maker, who should first find out whether the claimant had Good Cause for not conforming to the requirement. Even if an adverse Decision is made, it can be challenged, it also worth checking what the actual offence is.

If a sanction is applied it will likely not be removed until the requirement is met, so it is worth monitoring the situation.

ESA Sanctions

Gordon