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Any one suggest a way forward?

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11 years 7 months ago #113079 by Gordon
Replied by Gordon on topic Any one suggest a way forward?

soulboy wrote: Hi Gordon
I'm not claiming any benefits took me off DLA and ESA after losing my appeals can't claim JSa because of a small rental income and an NI issue but they have left the JSA claim open want me to go on skills and employ coarse my Dr says I'm not fit to work after 3 back ops ! Sorry but I don't trust the DWP donno what to do.

SB


If you are not currently claiming any benefits then at first glance there would be little reason for the DWP to be investigating you.

Have you confirmed that you do not meet the NI Contribution requirements?

Gordon

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11 years 7 months ago #113082 by slugsta
Replied by slugsta on topic Any one suggest a way forward?
I'm sure Gordon is going to give you a considered opinion - but I will chip in my 2penny worht.

If you are not being paid anything, you cannot be sanctioned. On that basis, what have you got to lose if you don't undertake the course that DWP want you to?

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  • bro58
11 years 7 months ago - 11 years 7 months ago #113084 by bro58
Replied by bro58 on topic Any one suggest a way forward?
Hi SB,

MHB is correct if you are not receiving payment of ESA "Nil rate" then you cannot be compelled to take part in WFI/WRA :

See :DMG Chapter 53 53014. 4.

53014 The conditions referred to in DMG 53013 are that the claimant is :

"1. entitled to ESA or an advance award of ESA has been made (DMG 53200 et seq)

and

2. not a member of the support group

and

3. under the age at which a woman of the same age as the claimant attains pensionable age (see DMG Chapter 75)

and

#4. not a person who is only entitled to ESA(Cont) payable at nil rate#

5. not a lone parent who is responsible for and a member of the same household as a child aged under one."

From : www.dwp.gov.uk/docs/dmgch53.pdf

As you don’t have to comply with WFI’s you don’t have to comply with WRA either.

bro58
Last edit: 11 years 7 months ago by bro58.

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  • soulboy
  • Topic Author
11 years 7 months ago #113095 by soulboy
Replied by soulboy on topic Any one suggest a way forward?
Hi G
No I don t meet the NIC req thanks for your replies I'm gonna struggle with the coarse 3 7hr days with the travel etc will have to make a decision soon

Thanks again

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11 years 7 months ago #113111 by slugsta
Replied by slugsta on topic Any one suggest a way forward?
I don't see that you have any decision to make Soulboy. You cannot be required to undertake Work Focused Activities or Work Program...

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  • soulboy
  • Topic Author
11 years 7 months ago #113142 by soulboy
Replied by soulboy on topic Any one suggest a way forward?
Your right I've told em Im not doing it !

Regards SB

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