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10 years 9 months ago - 10 years 9 months ago #123774 by astraboots
wfi was created by astraboots
I am on the assessment phase for e.s.a since 05/12/2013.I have a letter from the job centre inviting me for a interview (work focus)but i have not had an assessment with atos yet?Why have i been invited to this interview when i have not been assessed for either group yet.I have C.O.P.D and anxiety and depression.I telephoned JCP and explained this.The lady i was speaking to told me i could be sanctioned if i dont go.This caused me to have a panic attack .She stayed on the phone and heard me gasping for air.After this she said if you give me two minutes to explain that you could be sanctioned.And that it does not mean that you would be.I arsk her to tell me if i have to go or not.She said someone would call me back in the next three hours.I have recently had exacerbations of my C.O.P.D and am to unwell to attend .My GP has given me a letter to explain this.But no one from the JCP has called me back to give me a stright answer.Will i be sanctioned if i dont go. please help
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #123779 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic wfi
Eve
It is extremely rare for someone to be invited to a WFI during the Assessment phase, they used to do this right at the beginning of the claim (week 8) but we don't see this happening much any more.
I am afraid that the request is legal.
If you fail to attend without Good Cause (see below), then your benefit can and likely will be sanctioned. Sanctions can remove all of the Personal Allowance (£72.40 for an adult over 25) until the requirement is met or the sanction is removed, as you are still in the Assessment Phase this will likely be all of your payment.
Whilst your GP's letter may be accepted as Good Cause, whether it is or not is at the discretion of a DWP Decision Maker, any Decision they make is appealable, but it can take weeks to sort these situations out, so they are best avoided wherever possible.
If you definitely cannot attend (could someone take your, a friend or relative?), then I would recommend that you try to contact the JC+ advisor again, if you can fax them a copy of the GPs letter, you can post a copy, but it can take 10 days to make it's way through the DWPs mail system and therefore may not arrive in time.
Gordon
It is extremely rare for someone to be invited to a WFI during the Assessment phase, they used to do this right at the beginning of the claim (week 8) but we don't see this happening much any more.
I am afraid that the request is legal.
If you fail to attend without Good Cause (see below), then your benefit can and likely will be sanctioned. Sanctions can remove all of the Personal Allowance (£72.40 for an adult over 25) until the requirement is met or the sanction is removed, as you are still in the Assessment Phase this will likely be all of your payment.
Whilst your GP's letter may be accepted as Good Cause, whether it is or not is at the discretion of a DWP Decision Maker, any Decision they make is appealable, but it can take weeks to sort these situations out, so they are best avoided wherever possible.
If you definitely cannot attend (could someone take your, a friend or relative?), then I would recommend that you try to contact the JC+ advisor again, if you can fax them a copy of the GPs letter, you can post a copy, but it can take 10 days to make it's way through the DWPs mail system and therefore may not arrive in time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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