Work Focus Interview - aged 61????

[ANDYANDFLO]

Hi everyone,

 

I have just received an invitation to go to a party (tea & biscuits provided - I hope!) to be held at the local JC+ office.

 

This appears to be a 'special' party as I am to be the honoured guest.

 

The invitation letter was very nicely worded and there was an apology from them for not asking me to go any earlier. It seems that I should have been asked along some weeks after I made my initial claim for ESA which was in October last year!!

 

What on earth is all this about?

 

Yes I know that all claimants of ESA have to have their opportunity to be guest of honour quite a few times. But I understand that people over 60 do not have to attend - probably because they are well past their sell by date!!

 

Now I have telephoned the DWP to query this as it is clear from not only websites but from the Parliamentary Act itself that being of such an age precludes me from taking part.

 

I was warned that failure to go or not co-operate completely will involve sanctions.

 

Is there anybody that is aged 60+ that has been made to attend these interviews?

 

My personal view is that I will tell them straight that I have no intention of going along with their crazy ideas (being made to work in charity shops etc). And if I am right, warn them that they are running the risk of breaching my Human Rights!!!!

 

 

Thanks

:-?

[whatsupdoc]

I myself have just turned 60 and like you are under the impression if over 60 you need not attend work focused interviews.

I know if you claim Pension Credit which you could do in place of ESA you are not required to attend work focused interviews. It also exempts you from medicals.

Hope this help as im not up on aspects of Benefits?

[ANDYANDFLO]

Hi Doc, ummm that is two of us then with the same opinion. I think a little more digging needs to be done before I go. I don't want to be un-co-operative with them, but on the other hand I have no intention of putting myself through this system if I need not to. Trust in the DWP giving meaningful and truthful answers has since long evaporated.

Yes thanks for the info, I do know that Pension Credit can be claimed after 60 - I already get a top up in addition to my ESA assessment rate payment. And yes I would be no worse off or better off if I just claimed Pension Credit on its own (one would replace the other). As well as that, there would be no need to put in sick notes or attend medicals etc anymore.

However I am too young to give up and as I do not wish to be 'written off' quite yet, have every intention of working at sometime in the future albeit part time. I have to follow the path of ESA, mainly because of the ability to do permitted work and claim the benefit. Pension Credit will not allow me to carry out any future work.

[debt4get]

i attended these pointless interviews..in fact had to go to a grand total of 13 i am an ex teacher with a degree and a post grad..and i had to give up work recently due to ill health...found them condescending to say the least..i was pensioned off for christ sake..if i could work i would...and i am willing to consider anything..but my health dictates what i can and cannot do...was given dla for life but now find with the latest bunch of clowns in power..sorry we mean 3 years and then you have to go through it all again because lets face it after working 30 odd years you are definitely a bl**dy scrounger

[ANDYANDFLO]

i attended these pointless interviews..in fact had to go to a grand total of 13 i am an ex teacher with a degree and a post grad..and i had to give up work recently due to ill health...found them condescending to say the least..i was pensioned off for christ sake..if i could work i would...and i am willing to consider anything..but my health dictates what i can and cannot do...was given dla for life but now find with the latest bunch of clowns in power..sorry we mean 3 years and then you have to go through it all again because lets face it after working 30 odd years you are definitely a bl**dy scrounger

 

Thanks for the info. 13 eh? Did you manage to convince both the DLA and ESA 'medics' that your claim was genuine? I failed in my claim for ESA because (a) the ATOS morons decided so and (2) I have been told that I should go for DLA by the Royal British Legion charity, but after the work I am putting in re. my ESA Tribunal, I don't think I could cope with anything else on top.

 

AND the thought of these interviews has now pushed me that much nearer the edge!

The point is, as I have been told by RBL there is no legal obligation to go to these interviews as being over 60 before the initial claim was made last October. I have even printed off a copy of the Act and the Amending Regulations that clearly show this to be the case. But to no avail, all they are saying is - so what, if you want the benefit - you have to do something in return and genuinely want to work and be willing to take what is offered.

I have even heard that they are now suggesting working for your self as an option and one friend, younger than me was told to work full time as a volunteer in a charity shop.

He incidentally argued that because he found it difficult to be on his feet for any length of time, he would not be able to comply. The JC+ retorted that he was NOT ill and had already been certified as fit for work.

[debt4get]

yeah i also had the ..why dont work for yourself? if i could i would!!! oh and have you ever thought of doing voluntary work? of course..but if i could happily do voluntary work then in theory i could go back to work!! and i would do so..do these idiots honestly think i voluntarily gave up a job paying nearly 35000 a year to live on 89.00 a week invalidity benefit because it was a much better option than working! but of course i forgot...I AM A SCROUNGER/WORKSHY..and i shouldnt be entitled to bu**er all even though i have paid into the system for 30 odd years

[debt4get]

Thanks for the info. 13 eh? Did you manage to convince both the DLA and ESA 'medics' that your claim was genuine? I failed in my claim for ESA because (a) the ATOS morons decided so and (2) I have been told that I should go for DLA by the Royal British Legion charity, but after the work I am putting in re. my ESA Tribunal, I don't think I could cope with anything else on top.

 

AND the thought of these interviews has now pushed me that much nearer the edge!

The point is, as I have been told by RBL there is no legal obligation to go to these interviews as being over 60 before the initial claim was made last October. I have even printed off a copy of the Act and the Amending Regulations that clearly show this to be the case. But to no avail, all they are saying is - so what, if you want the benefit - you have to do something in return and genuinely want to work and be willing to take what is offered.

I have even heard that they are now suggesting working for your self as an option and one friend, younger than me was told to work full time as a volunteer in a charity shop.

He incidentally argued that because he found it difficult to be on his feet for any length of time, he would not be able to comply. The JC+ retorted that he was NOT ill and had already been certified as fit for work.

sorry to answer your question..yes i did manage to convince them both dla and esa that i am entitled but if you look at my blood filled swollen leg it isnt too difficult for even them to comprehend..luckily you can see my problem..some people dont have that luxury...however i am not looking forward to having to justify my existence every 3 years in the future..with the stress and worry about whether you will lose your benefit because some moron decides you dont deserve it after all

[whatsupdoc]

Hello Again.

Dont know if this is of help found it on the Disability Alliance Website.

 

Who does not have to attend a work focused interview?

 

The personal adviser has the discretion to waive or defer attendance for an interview. Once attendance has been waived you are treated as if you had taken part in the interview. If attendance has been deferred you will have to attend an interview at a later date.

 

You are also not required to attend a work-focused interview if:

• you reach the qualifying age for pension credit
  
• you are placed in the employment and support allowance support group
  
• you are claiming IS/IB and are exempt from the personal capability assessment (PCA)
  

[RaeUK]

I'm always confused by the terminology of the system I'm in.

I'm presuming Work Focussed Interviews are those that I have with my Pathways Advisor every now and again?

This is even more confusing as I understand there are two different types of Pathways Advisor. One, I think, is provided by an outsourced company and another - my one - is part of JCP.

Now, I've got to be totally honest, my Pathways Advisor is absolutely fantastic. She understands me very well. Appreciates my needs and - more importantly - knows instinctively what I'm capable of. She really supported me when I scored Null Points with ATOSH, she was there for me when I failed my tribunal. I'm delighted that I'll be seeing her again this time round. And she verbally beats me up for not having applied for DLA as she thinks I clearly need it. [i'm still getting conflicting messages!]

I suspect that if the DWP can clone her the service will improve no end!

I desperately want to generate an income - as benefits is not even an existence [like i have to tell you guys that!] - and I find bouncing ideas off her very usefull indeed.

I strongly suspect that my only real option is working for myself and using my writing skills to generate an income. I'm happy with that and feel that - sooner or later - I'll get off this bloody treadmill...

Best wishes

Rae

[ANDYANDFLO]

I'm always confused by the terminology of the system I'm in.

I'm presuming Work Focussed Interviews are those that I have with my Pathways Advisor every now and again?

This is even more confusing as I understand there are two different types of Pathways Advisor. One, I think, is provided by an outsourced company and another - my one - is part of JCP.

Now, I've got to be totally honest, my Pathways Advisor is absolutely fantastic. She understands me very well. Appreciates my needs and - more importantly - knows instinctively what I'm capable of. She really supported me when I scored Null Points with ATOSH, she was there for me when I failed my tribunal. I'm delighted that I'll be seeing her again this time round. And she verbally beats me up for not having applied for DLA as she thinks I clearly need it. [i'm still getting conflicting messages!]

I suspect that if the DWP can clone her the service will improve no end!

I desperately want to generate an income - as benefits is not even an existence [like i have to tell you guys that!] - and I find bouncing ideas off her very usefull indeed.

I strongly suspect that my only real option is working for myself and using my writing skills to generate an income. I'm happy with that and feel that - sooner or later - I'll get off this bloody treadmill...

Best wishes

Rae

 

Hi Rae,

 

Lovely to hear from you again. I see that we are both burning the early morning oil!

 

Can't sleep - too much going over in my mind - worrying as well. When will all this end?

 

Got the docs in the morning - other half is dragging me, shame she doesn't listen to me when I tell her that she should sort herself out as well.

 

This damn diabetes is now giving me the Urgggggh!!

 

Feet are like burning coals and tried a walk today but had to give up halfway with upper leg pain!!

Sorry to go on about my ailments - she would say I'm being selfish!

 

How are you tonight?

 

Writing is a darn good idea for you. Get the motivation girl!!

Take care

L

[RaeUK]

Hey! I'm about to go to bed as I need to be up early to take my sister to a hospital appointment.

I am a night owl but not through medical reasons. I just love the peace and the quiet! And I used to have my own taxi busines so became adjusted to being awake all night...

Writing is a tough business to get into. Bizarrely, over the years, I've - I guess foolishly - turned down offers from various theatres and radio to write for them. But my life always seems to coral me into a position where it's the only option I have! This time round I've decided to listen. I'm about 16k words into my debut novel. Feedback is good so I'll push on with it. Long way to go yet...

Had an interesting chat with my GP today. I've been having a few problems with my legs which, initially, we'd put down to the COPD. However, suspicions are turning towards arthritis in the hips. I have to have some x-rays done which will prove or disprove this hypothosis. But, as she manipulated my legs, and I could hardly walk afterwards there may be some credence here!

How are your creative writing skills? Always happy to advise...

Best wishes

Rae

[honeybee13]

Hello Rae. Having read you on the forum over the months, I've often thought you could do creative writing. It's great that you're giving it a try and I hope you succeed.

 

Did you suggest writer as a possible career to the JCP?

 

HB

[speedfreek]

(2) I have been told that I should go for DLA by the Royal British Legion charity, but after the work I am putting in re. my ESA Tribunal, I don't think I could cope with anything else on top.

 

Don't be a silly billy and apply for it ;-)

 

Now that you've got help from the RBL it should be plain sailing they will have a lot of experience with DLA forms & PTSD.

 

Ask them if they'll help with form filling and appeals etc. They may also have a legal expenses scheme which will pay for getting reports and medical records.

 

It'll take a day with their help to fill in and then it's post it off and wait 11 weeks for the decision. The distraction from this ESA bobbins and something to look forward too may perversely do you some good.

 

So call them and get the application! You know you want too!!!!

[happyhamr]

sorry,something just keeps "playing on my mind"in regard to (work focused

whatever:confused:

 

1-If you attend WF interview(s)---"PATHWAYS ,it would be" logicall " to assume you are/should be in the WR activity group,therefore should be

"Entitled" to the extra £25 per week:?: yes or no

2-If people "WIN" their appeal,i presume all these£25pounds are backdated?yes or no:?:

3-IF you attend WF interview(s),which you have to(UNLESS you have a good reason not to), your benefit could be ,STOPPED/SANCTIONED:x

4-By attending these WF interviews,surely you should have a "Automatic"

right/ entitlement for the additional monies.:?:yes or no

5-If no then why do have to attend WF interview(s) "in the 1st place":rolleyes:

6-(personally),I attended "Pathways"(personal adviser Wf interview before i had my actual medical assessment:eek: "HOW CAN THIS BE":?:

7-surely if myself and every body else has to attend these Wf things and are kept on the "MERRY GO ROUND",ref to kelcou "hi yah":-),we must get these monies back when we "ALL" finally get off the "bloody thing".

8-to be honest, its not about the(money),with me any more it the

principal and the way these organisations treat people:x

9-sorry to go on(rant over)

10-"All aboard" to Number 10. cheers happyhamr:-)

[RaeUK]

Hi happhamr, I can answer a few!

1. You'd have thought, but as I'm yet to reach the giddy heights of 15 points I've effectively been on the assessment rate since Nov 2008 you appear to be treated as in the work activity group until - like me - you get kicked off and start all over again. Or, of course, collect 15 points...

2. Yes, if you win your appeal it is back dated up to the point of the thirteenth week of claiming. [i lost out on about 16 months of backdated benefit ]

3. Dunno.

4. It would be nice...

5. I go because they're fun but that might just be me! Plus, of course, don't forget to claim for travel...

6. They should - in an ideal DWP world - be more choreographed but aren't.

7. Only if you win at tribunal or a DM changes their mind ...

8. It's both for me, it's a real struggle trying to make ends meet on the assessment rate...

9. No apologies required

10. Up the revolution!

 

Best wishes

Rae

[happyhamr]

thanks for that kelcou,"its just so UN just and UN fair:(:mad:Grrrrr.....

 

But because it is you just have to keep "at it"

 

UP wards

 

onwards and

 

UP the Revolution:) happyhamr:-)

[ANDYANDFLO]

Hi one and all,

My writing skills are OK, as is my imagination. The only trouble is getting the two to meet. I would go for it Rae, you certainly have a gift and you never know I might see the first edition on the shelves! If so, pleaseeeee could you sign it for me?

 

Well after last night's episode of walking the boards until 5am, I had a brilliant phone call from JC+. They have confirmed, and I made them ring me back after double checking, that being over 60 means I do not have to go for the Focus thingymijig interview - I am too old!!!

So I asked the young lady if it presumably means that I am 'abandoned'. And I went a bit further to suggest that this smacks of age discrimination!!

The line went quiet for a while followed by some mumbling. This was followed by a rather more serious sounding female who asked what my problem was.

So tongue in cheek I suggested that because of my age I am being discriminated against by not being offered the help others who are younger than me get by right! I found it very difficult trying to keep a serious tone in my voice. I pointed out that not only had I been found fit for work, it had been decided that because I am 61 I would be a lost cause and not worth the effort in trying to get me back into the workplace. So, 'where do you want me to park my backside then?'

 

With that and her telling me that she had never come across this before and more or less pleading that there was no discrimination intended.

 

Now I was having fun!!

 

'Well I believe you are, could I have your name please as I will now have to consider reporting this matter'

 

A few ummms and ahhhs followed and she promised that she would get someone more senior to ring me back tomorrow.

 

I now await the next episode. Was I 'orrible???

 

Now to the next phone call from the RBL. They have offered as you know to complete the DLA claim, they now say that they will oversee the whole thing including representation if necessary!!! Wow.

[pompeyfaith]

Now to the next phone call from the RBL. They have offered as you know to complete the DLA claim, they now say that they will oversee the whole thing including representation if necessary!!! Wow.

 

Go for it being an associate member of my local RBL I know they are very good at looking after the fabulous ex-servicemen.

 

PF

[RaeUK]

Lol, yes you are being a little mean, AAF. But that didn't stop me giggling away as I read your post!!!!

As for me book, I'll be pressing on with it and see what happens. Whilst I know the standard I can write to, it remains a tough business to get into. But I don't have many options. Whatever happens, at the very least you're welcome to a copy of the finished manuscript

Best wishes

Rae

 

PS: So pleased with the level of help you're getting from the RBL - remember to donate people! [Actually donating money would be just as useful...]

[ANDYANDFLO]

Lol, yes you are being a little mean, AAF. But that didn't stop me giggling away as I read your post!!!!

As for me book, I'll be pressing on with it and see what happens. Whilst I know the standard I can write to, it remains a tough business to get into. But I don't have many options. Whatever happens, at the very least you're welcome to a copy of the finished manuscript

Best wishes

Rae

 

PS: So pleased with the level of help you're getting from the RBL - remember to donate people! [Actually donating money would be just as useful...]

 

The latest!!

 

Had a 'phone call saying that there is no discrimination involved. 'We are here to help people of all ages get back into the work place taking into account illness and disabilities'

So then I asked why are you not offering me the same opportunities you would do so if I was under 60?

 

'We are, but it is up to you to ask for them ---- it is mandatory for those under 60 but voluntary for those over'

Oh! right.

 

So I've now volunteered for the Pathway to Work sessions. Guess who they are with - RBLI!!!!

Had my first one yesterday and I was impressed with it as well as the knowlegeable young lady. (no! I'm far too old for any of that!!).

 

Got onto the idea of working for myself and now know that I can do unlimited hours as long as my net profit does not exceed the average of £20 pw.

 

Could somebody confirm that I have this right?

Maybe there is something in this!

 

All my job normally is is reading statements & accounts, reading financial records. From then on with research I produce a report from my laptop to be used as expert evidence in defending fraud actions.

 

The RBLI are cropping up everywhere I go!!!

 

Thanks

[RaeUK]

Hi AAD, if you on ESA there is the Permitted Work scheme. This allows up to 16 hours per week and net earnings of up to £93 per week with no loss of ESA or HB / CTB. You can do this for up to one year. If, after that time, things don't work out you revert back to the original ESA.

I am interested in this...

Best wishes

Rae

 

[Chuckled at the RBLI stalking you...]

[ANDYANDFLO]

Hi AAD, if you on ESA there is the Permitted Work scheme. This allows up to 16 hours per week and net earnings of up to £93 per week with no loss of ESA or HB / CTB. You can do this for up to one year. If, after that time, things don't work out you revert back to the original ESA.

I am interested in this...

Best wishes

Rae

 

[Chuckled at the RBLI stalking you...]

 

Hi Rae

 

Glad I made you smile again!!

 

Yes there seems to be two options, 1. as you say - up to £93 pw net, max 16 hours, and 2. Work as many hours as you want as long as the net profit is less than £1040 for the year.

 

The second would suit someone who is self employed who is starting up and unlikely to earn that as net profit. It would even make more sense as it is more than likely that an accountancy loss will arise for the first couple of years - quite simple, there are lots of potential expenses that can be set against the first two years turnover. With that and provided that tax was paid on at least the equivalent level of income in past recent years, you can set the losses backwards against that income and create a nice repayment.

 

Additionally, 'working' for at least 30 hours pw or 16 hours pw if disabled, could result in a WTC claim!!

 

It does seem strange however that they will allow this ' unlimited' hours scenario as it certainly clashes with the ESA claim that I am unable to work. Need to get that clarified asap.

 

Maybe however, that is the reality of the Work Related Activity Group? Something which has been denied us by right!

 

I have all this in mind, and it is something that I will explore when time allows after this damn appeal and DLA claim are sorted.

[RaeUK]

I was discussing this with my Pathways Advisor this week. Permitted Work includes being self-employed therefore you would be looking at a maxim net income of £4836

This is part of the Work related Activity Group to help the disabled and long-term sick into work if they are able to do something. ESA is not only for those completely unable to work. The main contradiction is that if you haven't got the magic 15 points - as I haven't [yet], then you need to supply medical certificates confirming you are unfit for work in order to ... er ... work!

Best wishes

Rae

[ThePonderer]

The main contradiction is that if you haven't got the magic 15 points - as I haven't [yet], then you need to supply medical certificates confirming you are unfit for work in order to ... er ... work!

 

What can one say to that, except perhaps; "Yes Minister!";-)

 

You made me laugh with this, so now I am going to see if I can figure out how to "tip" some one!

[ANDYANDFLO]

I was discussing this with my Pathways Advisor this week. Permitted Work includes being self-employed therefore you would be looking at a maxim net income of £4836

This is part of the Work related Activity Group to help the disabled and long-term sick into work if they are able to do something. ESA is not only for those completely unable to work. The main contradiction is that if you haven't got the magic 15 points - as I haven't [yet], then you need to supply medical certificates confirming you are unfit for work in order to ... er ... work!

Best wishes

Rae

 

Hi Rae

 

Great comment, but only you could say it like it is!!!!!

 

I see where you are coming from, but I understand that the £93 pw is limited to only a 12 month period. After I presume you have to 'lay off' for another period of time so that you could do it again.

I will admit that the rules are a little complex and maybe I am barking completely up the wrong tree about being able to work indefinitely for a maximum of £1040 net pa.

A lot more research is needed me thinks. But the gem is there - shining somewhere in the distance.

 

Thanks again

L