HRM HRC and pathway to work

I thought WFI was compulsory if you got carers allowance AND income support, but optional if you only get carers allowance.

"My wife is also on DLA top rates"

Please see the relevant sections in this document here :-

www.dwp.gov.uk/docs/v01-am31.pdf

I am not an expert but this is how I interpert the rules.

(05740)
Relevant claimants are invited to WFI's so whether your wife is a relevant claimant will determine whether she has to attend.

(05710)
To be a relevant claiment the person is NOT treated as incapable of work because they have a severe condition on the day on which the requirement to take part in a WFI would have arisen.

Numbers refer to section in the document.

The relevant wording "is NOT treated", your wife "IS treated" because she gets Higher Rate Care DLA.

exempt under reg 10 of the Incapacity for Work regs 1995.

Things could be different when transfered to ESA as then only those in the support group will be exempt.

Apologies if I have got all this wrong. Maybe a moderator could shed more light?

Hi,

The link you've provided to the DWP Decision Maker's Guide extract is dated June 2009, so is probably now out of date.

This is the most up-to-date version of the Decision Makers Guide but is due to be amended again this month, and then at 4 monthly intervals in future. No wonder DWP staff and benefits advisers cannot keep abreast of all the legislation and regulations.

Crazydiamond may be able to give you further information as he was an Adjudicating Officer for the old DHSS and DSS. Now of course called Decision Makers and the DWP.

Pat

There appears to be an element of cross-purposes and unnecessary complexity having developed within this thread.

To clarify the position:-

Entitlement to any rate of DLA has no relevance to WFIs.

Carer's Allowance supplemented with other benefits which can include IB and IS amongst others, may trigger a WFI.

Carer's Allowance claimed entirely on its own will not necessitate a WFI. For confirmation see the 'notes' section at the end of The Social Security (Work-focused Interviews) Amendment Regulations 2005. SI 2727.

Hi CD,

Thanks for the clarification for members and myself.

I don't think we can add more information to that already provided.

Pat