Incapacity Benefit and Work Focused Interview

I have been on IB since 1998 when I suffered a severe back injury — following surgery I was left with permanent nerve damage and permanent sciatica. Between 1998 and 2006 my benefits was made up of IB+IS+CB. In 2007 IS was stopped and then became IB+CB+CTC. In 2009, CB & CTC stopped and reverted back to IB+IS (myself & spouse).

In July 2009 I received an IB72 letter informing me that I met the threshold of incapacity under PCA and would come up for normal review in July 2012.

In October 2009, I was called in to JC+ for a WFI, and the interviewing officer then referred me for P2W for return to work (I believe the P2W is operated by a private contractor). I was informed in no uncertain terms that refusal to participate would result in withdrawal of benefits.

When I attended the P2W interview, a JC+ officer was also present. Before the interview commenced, and upon confirming that I was on IB, the JC+ officer said I should not have been referred to P2W and the interview was cancelled. My understanding at the time was that I would not have to participate in the WFI/P2W process at least until my next PCA scheduled for 2012.

Last week I received another letter from the contractor inviting me to a P2W interview: when I called them, they informed me that my case officer had left the firm and someone else was now dealing with my case, that I had failed to attend on two previous occasions between the cancelled interview and the current invitation (I have received no letters during this period!!) and that I would have to attend the next interview or risk losing my benefits.

As I am undergoing further hospital treatment, and the P2W interview clashed with my out-patients appointment, I refused to attend and also refused to re-arrange as I shall have to attend hospital every week for the next several weeks. The hospital appointments are not pre-arranged but made after each session, so I do not know when each appointment will be. I was also told that JC+ had not removed my name from the WFI list despite the events at the first (cancelled) interview.

I desperately need advice on how to proceed: reading information from the Dept of Works & Pensions website, my own interpretation is that I am not required to attend WFI and can refuse to do so without risk of losing benefits as I am covered by a current PCA. However, I have also been informed privately by a JC+ employee that I should just attend the six P2W sessions and “get it out of the way”.

I obviously do not want to barge in to this thing like a bull in a china shop, but the whole episode is making me more depressed than I already am and increasing my anxiety levels resulting in loss of sleep. I feel tired and drained, and my GP only offers more pills, which basically turn me in to a zombie, so I have stopped taking the medication for my sanity. I am in my mid-50s, and had a very satisfying job before my injury and the loss of active employment and earnings has been hard to deal with. In fact, I am constantly amazed at the resilience and patience my family has shown to remain intact throughout the last decade.

I will be grateful for advice on current legislation and how to proceed. Thanks in advance and apologies for the long post.

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Abbreviations used: IB = Incapacity Benefit; IS = Income Support; CB = Child Benefit; CTC = Child Tax Credit; PCA = Personal Capability Assessment; JC+ = JobCentrePlus; WFI = Work Focused Interview; P2W = Pathways to Work programme; OP = Out-Patients;

Hi, everyone. 84 Views so far and no comments...

I'm getting a bit desperate as I am now being pursued for not attending P2W interview as it clashed with my hospital appointment, which I told them about beforehand.

Hi,

84 views means nothing as it includes guests, not just members or moderators and guests cannot reply to posts

Please remember that all moderators are volunteers and have ill health themselves, and with some the heat is affecting them badly, which includes me, as I have MS and wouldn't dream of trying to answer posts when I have brain fog.

Also, it's possible that no one knows the answer, as we are not infallible, plus our servers have been playing up, and still are.

I'm afraid it's a matter of being patient. The forums are provided as a courtesy and are not part of your membership to the free guides in the members area.

See FAQ

Jim

Hello Jim, sorry about the stress you're under. I am on IB & have only once been asked to go in for a WFI, and this was a few years ago. As I had just had a letter confirming I was eligible for IB, I rang the office & told them the situation, and that I wasn't looking for work. The lady was very helpful, talked to me over the phone and I was left alone (mind you, this was JobcentrePlus not a private contractor).

The only thing I can tell you for sure at the minute is that the letter you have regarding IB and the review date is a legal document you can produce in court. Is it the IB they are threatening to cut off? I will see if I can find out any more for you later..

WOW! My intention was not to offend anyone, it was simply an observation. If Moderators can come on this strong, I think I'll avoid posting questions here and try and go it alone.

Anyway, thank you for your response.

As you wish but please bear in mind that as it was advice on current legislation you were after it may be advisable for you to seek legal advice from those who are legally qualified to dispense it. perhaps your local CAB may be able to help or the Welfare Rights Office at your local council both of which may be sources of what current legislation applies to your case.

Gareth
Moderator