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Thread: income related esa mandatory work related activity

  1. #1

    income related esa mandatory work related activity

    background
    aged 59
    deformed hip / fused spine long term debilitating progressive ( various other leg related arthritis cartilage acquired in recent years)
    retired By Tesco on health grounds 2005 on i b till healed by ATOS ( nil points ) 20012
    went to tribunal ( alone ) won and lost scored 15 points
    i yr contributory esa
    last 12 months in re E S A @ £20.80 pw ( as i have £59 tesco pension)

    have atended jobcentre 3 times in 2 yrs as they accepted with my limited mobility and back problems that i was unfit to work and unemployable
    However i attended last week and have been told i have to train with a private company and attend various meeting
    laugh i could have cried i dont go out and if i have to ie jobcentre i have to find someone to escort me
    will take me a week to recover from my J C apointment
    IF I DONT ATEND ILE BE SANCTIONED

    they can put me onto anything they want but i cant guarantee ile be there and the likelyhood is if i managed it i probably wouldnt be able tp participate

    isnt there a duty of care issue here ?

    regards LES

  2. #2
    Senior Member
    Join Date
    Dec 2014
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    Quote Originally Posted by megan1512 View Post
    background
    aged 59
    deformed hip / fused spine long term debilitating progressive ( various other leg related arthritis cartilage acquired in recent years)
    retired By Tesco on health grounds 2005 on i b till healed by ATOS ( nil points ) 20012
    went to tribunal ( alone ) won and lost scored 15 points
    i yr contributory esa
    last 12 months in re E S A @ £20.80 pw ( as i have £59 tesco pension)

    have atended jobcentre 3 times in 2 yrs as they accepted with my limited mobility and back problems that i was unfit to work and unemployable
    However i attended last week and have been told i have to train with a private company and attend various meeting
    laugh i could have cried i dont go out and if i have to ie jobcentre i have to find someone to escort me
    will take me a week to recover from my J C apointment
    IF I DONT ATEND ILE BE SANCTIONED

    they can put me onto anything they want but i cant guarantee ile be there and the likelyhood is if i managed it i probably wouldnt be able tp participate

    isnt there a duty of care issue here ?

    regards LES
    You need to speak to the JC+ to see if there is any adjustments under the Equality Act that are relevant. However, if they refuse there is not a lot you can do. You could make a complaint etc.

    Either you attend and you get ESA or you don't attend and you may be sanctioned.

  3. #3
    Quote Originally Posted by toolook View Post
    You need to speak to the JC+ to see if there is any adjustments under the Equality Act that are relevant. However, if they refuse there is not a lot you can do. You could make a complaint etc.

    Either you attend and you get ESA or you don't attend and you may be sanctioned.

    ---------------------------------
    Hi Dont really understand where the equality act would be helpfull ?

    -------]
    Would be able to furnish continuous 6 monthly " sick notes " however i believe for those on E S A they arent usable

  4. #4
    Senior Member nukecad's Avatar
    Join Date
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    Location
    West Cumbria (Lake District)
    Posts
    9,901
    ...healed by ATOS...
    Best laugh I've had for a while.

    The Jobcentre are supposed to take your condition and your abilities into account before giving you any Work Related Activities.
    But of course there are no hard and fast rules on this as everybody is different.

    Best I can suggest is to write them a letter explaining why this training is unsuitable in your circumstances and how it would affect your health adversely. Keep a copy.

    Having it down on paper makes it more likely to be considered seriously.
    They will be worried that if anything happens to your health whilst on any activity that they have mandated you will have evidence that you told them it was not suitable.

    One more thing; is this a Work Programme placement we are talking about, or is it training with a private employer?
    (These are different things with different rules).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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