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esa wrag and carers allowance mandatory work ?
- wild
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9 years 9 months ago #138903 by wild
esa wrag and carers allowance mandatory work ? was created by wild
the question: I was under the impression that a claimant on esa work related activity group was exempt from work related activity if they where a full time carer in recipte of carers allowance or underlying entitlement...
I was moved from incapacity benefit to esa work related activity group a few years ago, I am also full time single carer of my autistic daughter, no mother, and I also receive a carer premium.
I was telephoned by the job centre on Thursday they usually phone about every six months to see if all still the same. this time I was told it was being arranged for me to go on mandatory work related activity, that appointment has come through the post for next Monday.
can anyone clarifiy this?
should I phone them and say, I think you've overlooked my carer responsibilities and its not mandatory for me?
I was moved from incapacity benefit to esa work related activity group a few years ago, I am also full time single carer of my autistic daughter, no mother, and I also receive a carer premium.
I was telephoned by the job centre on Thursday they usually phone about every six months to see if all still the same. this time I was told it was being arranged for me to go on mandatory work related activity, that appointment has come through the post for next Monday.
can anyone clarifiy this?
should I phone them and say, I think you've overlooked my carer responsibilities and its not mandatory for me?
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- Gordon
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9 years 9 months ago #138916 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa wrag and carers allowance mandatory work ?
Wild
Are you sure that the request is for Work Related Activity and not for a Work Focussed Interview? Being a carer does not remove the requirement for you to attend WFIs
As far as I am aware The Employment and Support Allowance (Work-Related Activity) Regulations 2011 is still the relevant legislation.
Requirement to undertake work-related activity
3.—(1) The Secretary of State may require a person who satisfies the requirements in paragraph (2) to undertake work-related activity(1) as a condition of continuing to be entitled to the full amount of employment and support allowance payable to that person.
(2) The requirements referred to in paragraph (1) are that the person—
(a) is required to take part in, or has taken part in, one or more work-focused interviews pursuant to regulation 54 of the ESA Regulations;
(b) is not a lone parent who is responsible for and a member of the same household as a child under the age of 5;
(c) is not entitled to a carer’s allowance; and
(d) is not entitled to a carer premium under paragraph 8 of Schedule 4 to the ESA Regulations.
See www.legislation.gov.uk/uksi/2011/1349/regulation/3/made
Gordon
Are you sure that the request is for Work Related Activity and not for a Work Focussed Interview? Being a carer does not remove the requirement for you to attend WFIs
As far as I am aware The Employment and Support Allowance (Work-Related Activity) Regulations 2011 is still the relevant legislation.
Requirement to undertake work-related activity
3.—(1) The Secretary of State may require a person who satisfies the requirements in paragraph (2) to undertake work-related activity(1) as a condition of continuing to be entitled to the full amount of employment and support allowance payable to that person.
(2) The requirements referred to in paragraph (1) are that the person—
(a) is required to take part in, or has taken part in, one or more work-focused interviews pursuant to regulation 54 of the ESA Regulations;
(b) is not a lone parent who is responsible for and a member of the same household as a child under the age of 5;
(c) is not entitled to a carer’s allowance; and
(d) is not entitled to a carer premium under paragraph 8 of Schedule 4 to the ESA Regulations.
See www.legislation.gov.uk/uksi/2011/1349/regulation/3/made
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- wild
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9 years 9 months ago #138936 by wild
Replied by wild on topic esa wrag and carers allowance mandatory work ?
no definatly work activity, a letter has come this morning and a training provider telephoned me on Friday and set up an appointment, I have had wfi interviews over the phone over the past two years.
thank you very much for confirming what I already thought. and supplying the regs, I will have to phone them and suggest they've over looked this caring role.
to be quite honest I thought the man who phoned me was a bit of a nit wit, he started off by ''saying congratulations we've sorted out your paper work and you should notice that you will have a lump sum of over £1500 going into your bank account so happy christmas'', I told him I wasn't waiting to have money sorted out, and that I was migrated from incapacity benefit, he then whent through the file occasionaly speaking to me over the phone mentioning carers premium awarded and amounts of esa already awarded, and then said oh no yours hasn't gone up, so I replied well I would have thought that one would counter weigh the other and wouldn't get it anyway, and I also mentioned carers premium, and he still hasn't picked up on it, so it looks like he either just does not know or is avoiding it ??? we will have to see,, I will keep you informed,, thanks once again for being so responsive your a real star.....
thank you very much for confirming what I already thought. and supplying the regs, I will have to phone them and suggest they've over looked this caring role.
to be quite honest I thought the man who phoned me was a bit of a nit wit, he started off by ''saying congratulations we've sorted out your paper work and you should notice that you will have a lump sum of over £1500 going into your bank account so happy christmas'', I told him I wasn't waiting to have money sorted out, and that I was migrated from incapacity benefit, he then whent through the file occasionaly speaking to me over the phone mentioning carers premium awarded and amounts of esa already awarded, and then said oh no yours hasn't gone up, so I replied well I would have thought that one would counter weigh the other and wouldn't get it anyway, and I also mentioned carers premium, and he still hasn't picked up on it, so it looks like he either just does not know or is avoiding it ??? we will have to see,, I will keep you informed,, thanks once again for being so responsive your a real star.....
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