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Thread: ESA Work Programme with Remploy - Prognosis and attendance rules

  1. #1

    ESA Work Programme with Remploy - Prognosis and attendance rules

    To anyone who can answer this question

    I am on ESA WRAG with an 18 month prognosis. I have been mandated onto a Work Programme with Remploy. I am certain the referral is voluntary for anyone with an ESA prognosis of 18-24 months. I did not volunteer for this programme. I am now being told it is mandatory even though I never volunteered for it

    Does anyone know the current DWP rules for this scenario. If I don't attend I know my ESA will be sanctioned or stopped even though Remploy are wrong. I suspect they are generating fees by concocting a JC+ referral

    Any ideas?

    Many thanks

    C

  2. #2
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    Are you on contribution based or income based ESA? If you are on contribution based ESA you should not have to attend this I think. I looked into this as I got a 2 year award (supposedly) in WRAG but its contribution based so its only paid for 365 days anyway as I have a working full time husband.

  3. #3
    Hi Karen

    Income based ESA on an 18 month prognosis

    Thanks to anyone

  4. #4
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    I would suggest you Google your question, I've recently read a very extensive & informative thread about this very issue on another forum, I've just tried looking for it but no joy. Though I think a Google search may fetch it up for you, the forum I think was the CAG and there is a lot of information about these issues there.

  5. #5
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    As far as I know - and it may be wrong - but if you have been given an 18 month prognosis you cannot be made to participate in any WRAG activity, apart from attending the WFI.

    However once you have been referred onto a Work Programme, I'm not sure how you withdraw from it

    How has this referral come about?
    What action plan did you come up with at your WFI? You should have a copy of what has been discussed at your WFI's. What does that say?

  6. #6
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    I'm struggling to resolve this issue conclusively.


    I can find various DWP documents suggesting that the Work Programme is only compulsory for those on Income-Related ESA in the Work-Related Activity Group assessed as being able to return to work within 12 months, including the (now moved to the National Archives site) Work Programme - frequently asked questions.

    However, the law governing mandatory referrals to the Work Programme, which is regulation 3 of The Employment and Support Allowance (Work-Related Activity) Regulations 2011 (SI 2011/1349), only exempts those in the Support Group, carers entitled to a Carer's Allowance or Carer's Premium and single parents of children under 5. Single parents of children aged 5-12 can only be required to undertake Work Programme activity during the child's normal school hours.


    I can see why the Work Programme has been prioritised to those on ESA(IR) with a prognosis of being able to return to work within 12 months, for whom it is mandatory. However, there appears to be no barrier in regulation 3 to anyone else in the WRAG being mandated to attend the Work Programme unless they fall into the carer or lone parent exemptions and if it is reasonable to require them to attend in the circumstances.


    Not turning up is almost certain to lead to a sanction. Once you are in the Work Programme, even if you volunteered (for example, if you're in the Support Group), you must comply with it or you can be sanctioned.

    The only way I can see to challenge this is to ask DWP to reconsider the action plan requiring you to attend the Work Programme under regulation 7 of the ESA (WRA) Regulations 2011 on the ground that it is unreasonable to require you to attend in the circumstances (regulation 3(4) ESA (WRA) Regulations 2011) considering the Work Capacity Assessment has assessed you as unfit for work for a further 18 months.

  7. #7

  8. #8
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    Hi, the link that I just posted needs approval from this site but if you google

    remploy work programme 18 months prognosis

    and click on the work programme provider live running memos its on wp141.

    There, I hope its helped someone

  9. #9
    Thanks for those informed responses people. Much appreciated and many thanks

    I never volunteered for the WP but was simply sent a letter from Remploy inviting me to come. That was the first time I had heard about it. Ive been having WFI's for months and then this came out of the blue. I think the referral for an 18 mth prognosis is voluntary but once enrolled it becomes mandatory. I feel i have been tricked into this by a devious WP provider trying to drum up fees for themselves

    Again, many thanks

  10. #10
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    Take a look at my post above yours. It seems there are some pilot areas for people on income based ESA with a prognosis of 18 to 24 months. I cannot post the link but if you do as I said above and click the first link in google and then the memo about esa wp141 it explains.

    From: Work Programmes Division
    Memo Serial Number: 141
    Date: 12 December 2013
    Subject: ESA 18-24 Month pilot
    Action: For Information only
    Timing: Immediate
    Background
    1. The Minister for Employment, the Chief Secretary to the Treasury and Prime Minister’s Office have asked DWP to test alternative, innovative approaches to providing increased support to Income Related (IR) Employment and Support Allowance (ESA) claimants in the Work Related Activity Group (WRAG) who have an 18-24 month prognosis.

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