WORK FOCUSED INTERVIEW CONFUSION

Hello, my husbands contribution based ESA finishes in October, and my understanidng is that because I have a full time job he will not be eligible for any more ESA payments or JSA payments as he has used up all his NI credits, and he isn't eligible for income related ESA.

Yesterday my husband attended jobcentre Plus for a work-focused interview. The advisorThe job centre said to him 'you are aware that your beenfits will cased next month'; to whcih he replied 'yes'. She then said 'have you received an ESA50 Form to complete' to which he replied 'yes last week'. She then said 'if you send the form in and they find you unfit for work again, then you will be called in to attend courses and interviews'. My husband was confused by this, but unfortunately he was too stressed to query this.

How can this be the case, surely if he will be turfed off ESA (CB) in October then he will not be receiving any more payments and so will not be subject to the rules and regulations that guide ESA claimants, and therefore doesn't have to have to attend any training or meetings. Also, if he is finished in October what is the point in completing the ESA50, then waiting for the inevitable 'medical' and then waiting for a decision, as by then it will likely be October and he will be finished anyway.

Hi J,

Gordon is correct, how can they possibly sanction the Personal Allowance payment part of his ESA, if he fails to comply with WFI's and WRA, when he will not be in receipt of monies for the Personal Allowance part of ESA nor indeed The WRA Component payment.

So what exactly is it that they propose to do to compel him to take part in WFI's and WRA ?

They can't stop his NI Credits as long as he complies with the reassessment process, and maintains a live continuous assessment of LCW.

bro58

Thank you both. So, have I got this right, in order to keep his Limited Capability for Work status he will have to complete the current ESA50 forms (and any future ones they send), attend and pass the medicals, and attend any training and interviews they ask of him, even if he doesn't receive payments (apart form NI credits).

However, if he decides he doesn't want the stress and hassle of completing future ESA50 forms etc he will loss his LCW status, but still receive NI credits.

Is the only benefit to maintaining the LCW status that he can reclaim ESA (CB) should his condition deteriorate, but if he doesn't maintain LCW status, and he does deteriorate, he will need to begin the process from scratch?

Hi J,

As proof that your husband will not have to take part in WFI's or WRA if he is in receipt of NI Credits only, please see this extract :

" 53014. 4. not a person who is only entitled to ESA(Cont) payable at nil rate"

From : DMG Chapter 53. 53014. 4.

In the document below :

Decision Makers Guide CH 53

53104 should be read in conjunction with 53013 under the heading:

"Requirement to take part in a WfI"

If he doesn't have to take part in WFI's then he can't be compelled to take part in WRA either.

This reference point was kindly pointed out to us by Gordon.

bro58