Mandatory referral to Work And Health Programme following WCA 'fit for work' decision.

Pete4500

Hi everyone, I hope someone can help me out with this.  I suffer from long term anxiety and depression problems. I recently failed a Work Capability Assessment and i have put in for a Mandatory Reconsideration. It's been about six weeks since the request for MR was submitted.  My work coach has now 'mandated' me to join the Work And Health Programme due to commence next week.  My understanding of this scheme is that it is voluntary for people with 'Limited Capability For Work'  The problem I have with all this is that I feel the jobcentre are trying to railroad me onto this  scheme before the result of the MR is known.  This seems to be jumping the gun and pre-empting the MR decision.  Does anyone know what will happen if I am subsequently found to have 'Limited Capability'?  Does my participation in the Work And Health then become 'voluntary' or is it the case that once signed up I remain 'mandated'?  I fear tit is he latter. and if that is correct it feels like a form of entrapment.

Any help and advice would be much appreciated.

poppy123456

Hi,

As you were found fit for work then you will need to attend the program because DWP think that you don't have limited capability for work.

If the MR decision changes and you're given limited capability for work related activity (LCWRA) then you won't have to attend.

If the decision is just limited capability for work (LCW) then you will have to attend.

Most MR decisions remain the same and there's just a 18% chance of it changing at this stage. Most people do have to take it to Tribunal. Hope this helps.

Pete4500

Thank you for that info, most useful. Sadly though it confirms my fears..

poppy123456

You're welcome. I'm sorry i couldn't give you better news. Good luck with the MR/Tribunal.

March88

You might find the following useful

'Chapter 2: Participant identification, eligibility and referral'

https://www.gov.uk/government/publications/work-and-health-programme-provider-guidance

and Universal Credit

"LTU 24 month claimants will remain mandatory whilst they remain in the Intensive support regime. If they move to another non mandatory regime, they will become voluntary on the WHP and will require another letter to say they are moving from mandatory to voluntary."

http://data.parliament.uk/DepositedPapers/Files/DEP2018-0759/Work_and_Health_Programme_v5.0.pdf

Has the Coach issued you a letter referring you to the WHP on a mandatory basis. Did you formally say the referral would not be suitable whilst the Mandatory Reconsideration decision is pending?

Mandatory WHP referral is for Long Term Unemployed (24 months)

24 months unemployment check

https://www.whatdotheyknow.com/request/460725/response/1142387/attach/html/3/24 months unemployment check.pdf.html

Potential participant has been on JSA or UC (IWSR) for 24 months. Potential participants who have been on JSA or Universal Credit (UC) Intensive Work Search Regime (IWSR) for 24 months will be mandated to the Work and Health Programme.
https://www.whatdotheyknow.com/request/460725/response/1142387/attach/html/6/Identifying 24 month LTU.pdf.html

UC: IWSR

Intensive Work Search

Conditionality group is 'All Work-Related Requirements'. 

https://www.whatdotheyknow.com/request/366996/response/904624/attach/html/5/2 Conditionality and regime Overview.pdf.html
Similar to JSA

Pete4500

Thank you all for your excellent links and advice.  I've had some clarification from the job coach. The referral she made for me was on a 'voluntary' basis and I won't be mandated to go on it until I've been on uc for two years which is a year away.   Its not unfair to say the job coach mislead me when she 'sold' me the WHP, I had no idea it was the work programme she was trying to enrol me on, and no idea about anything to do with eligibility rules or my 'status'.  Thanks again guys, I almost sleepwalked into the jobcentre's trap, so that was close shave and a lucky escape.

March88

It is common to suggest to claimants referrals to the Work and Health Programme are being made on a mandatory basis, only to discover they can only be referred on a voluntary basis. The above links show clearly what the criteria is for a mandatory referral. And I cannot find anything that supports the view "If the [WCA] decision is just limited capability for work (LCW) then you will have to attend"

For any possible future mandatory referral, it is important to check if you are under the Universal Credit (UC) Intensive Work Search Regime (IWSR) for 24 months https://www.whatdotheyknow.com/request/366996/response/904624/attach/html/5/2 Conditionality and regime Overview.pdf.html and check https://www.whatdotheyknow.com/request/460725/response/1142387/attach/html/6/Identifying 24 month LTU.pdf.html and https://www.whatdotheyknow.com/request/460725/response/1142387/attach/html/3/24 months unemployment check.pdf.html to assess when the 24 month clock starts and whether any claim break affects the start date for 24 months.

char38

What happens at a WCA meeting

poppy123456

char38 said:

What happens at a WCA meeting

Some information here, even though it's for ESA it's still a work capability assessment. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/esa-medical-assessment/

They will ask you questions based on a typical day for you and how your conditions affect your ability to do any type of job.

OutOfTheWorld99

I was told if someone has undergone a WCA and found LCW, then they will not be mandated to the WHP. Ultimately the person who has been found to have LCW will obviously have issues taking part in something that requires long term regular attendance .

Anyone in doubt about LCW or LWCRA Contact your local citizens advice office. This system is full of holes and the ones who have designed it, are hoping we will all fall d own it as we're seen as surplus to requirements. 

poppy123456

OutOfTheWorld99 said:

I was told if someone has undergone a WCA and found LCW, then they will not be mandated to the WHP. Ultimately the person who has been found to have LCW will obviously have issues taking part in something that requires long term regular attendance .

Anyone in doubt about LCW or LWCRA Contact your local citizens advice office. This system is full of holes and the ones who have designed it, are hoping we will all fall d own it as we're seen as surplus to requirements. 

Those that have been found to have LCW will be expected to take part in work related activities, depending on their work commitments.

Those that have LCWRA will not be expected to do anything or attend any appointment.

Dan88

@Pete4500 hello? What happened in the end? 

poppy123456

Dan88 said:

@Pete4500 hello? What happened in the end? 

This thread is almost 5 years old and the member hasn't been active in all that time so you may not get a reply from them.