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Income Supprt with Incapacity, called for WFI - am I exempt?


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I'm on income support with incapacity and have been called in by the local jobcentre to do one of these Work focused Interviews


Having sent the the letter to the wrong address (my previous address of 3 years ago!) I only received notification that the interview is tomorrow yesterday. The advisor was on leave, so a message had to be left to confirm there was little chance of me attending the interview due to the severity of my condition.


Earlier today I read this: http://www.disabilityalliance.org/f10.htm


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


you are claiming IS/IB and are exempt from the personal capability assessment (PCA)


This aftenoon I phoned my local BDC who confirmed I was not required to submit myself to examination and was exempt, but she said that this was unrelated to the requirement to attend the WFI, and that I'd have to discuss it with the advisor when she returned tomorrow!


Can anyone confirm that I should be exempt and direct me to any DWP literature confirming the advice on the Disability Alliance's website, or have the rules changed?

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As far as I am aware, the rules surrounding exemption from WFI haven't changed.



My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.



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Thanks Erika, looks like I get a free pass and the 2003 regs still apply, hopefully.


Long term deferrals or multiple deferrals must not be used to indefinitely postpone WFIs for customers who prior to 15 December 2008 you may have waived. Unless the customer is PCA Exempt they are legally required to attend WFIs as a condition of ongoing entitlement to benefit.
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Hmmm, looks like it might be a little more complicatted than I first thought...


DWP Provider-Led Pathways to Work:

Official Statistics October 2010:


• In order to satisfy the requirements for receiving an incapacity benefit, customers must undergo a Personal Capability Assessment (PCA) or, from October 2008 (when ESA was introduced), a Work Capability Assessment (WCA). In most ESA Pathways cases this process should be complete within 12 to 13 weeks of the claim being made. Some customers were exempt from the PCA5. These customers and those identified at the WCA as being in the “Support Group” are not required to stay on the Pathways programme, but may elect to participate on a voluntary basis.


Which makes it sound as if you have to start pathways then elect not to continue.


Seems to be confirmed here:


Department for Work and Pensions

Research Report No 525




The number of first and repeat WFIs is shown in Figure 1.2. The number of second

WFIs is only about a third of the number of first WFIs. There are three important

factors behind such a large decline: First, for PCA-exempt claimants, there is no

requirement to participate beyond the first WFI. Second, some claimants are

‘screened out’ from further mandatory participation at the time of the first WFI.

Third, the rates of exit from incapacity benefits are highest towards the start of

the spell so some people will not have attended a second WFI simply because they

are no longer claiming. With each successive WFI, the numbers drop by about a



What's the bloody point in calling out people who can barely drag themselves in for an initial WFI when they are already exempt from having to go to a medical because they're that unwell?

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