Confusion over ESA and JSA

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Dear Department for Work and Pensions,

I have just read over 200-pages of your: Can the Work Programme work for all user groups? First Report of Session 2013-14 and it begs some questions:

You state in this document and I quote:

"We recommend that DWP work with providers to agree a process by which participants whom providers believe are clearly unfit for work can be referred back to Jobcentre Plus".

So my questions are thus:

Q1. When a person fails the ATOS assessment and is found “fit for work” what happens if he doesn’t fit the criteria for JSA? What is his/her recourse, when he’s failed the claim for ESA and can’t sign on? What benefits can he claim?

Q2 if a failed ESA claimant – through sheer destitution – signs on JSA and the work programme find him/her clearly unfit for work do you:
(i) Sanction the claimant because he’s deemed too ill?
(ii) Deny the claimant any benefits at all?
(iii) Allow him/her the ESA s/he was initially denied?
(iv) Let the claimant claim sickness pay

Q3. ATOS assessors claim they have nothing to do with the decision making and yet Atos Trainer 1 (on Channel 4’s dispatches aired Monday 30 July 2012 at 20:00) said: “You shall remember this new benefit Employment Support Allowance was meant to take people off the benefit.” Please can you tell me how much involvement ATOS has in the decision making? And why do the decision makers always believe ATOS, even if you the claimant can prove that ATOS lied or were inaccurate?

Yours faithfully,

Sian Lowe

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C Robinson left an annotation ()

with respect Sian you are wasting your time with your FOI, they are right you are wrong period!
The DWP have made it that after this October you won't be able to claim a penny after you have failed your medical assessment (at the hands of some lying-charlatan-of-an-ATOS nurse/doctor) and you appeal.
This has to be the most evil government for many decades, the DWP make the laws to suit themselves and yet they signed the human rights act
Don't get me started on that one!!!
The UK signed the Human Rights act and yet this Govt. and the DWP flaunt these laws, see for yourself:

Article 6 of the European Convention on Human Rights act

is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter).

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

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Paul Malpas left an annotation ()

Hi Sian,
I notice their response does not address the quote
"We recommend that DWP work with providers to agree a process by which participants whom
providers believe are clearly unfit for work can be referred back to Jobcentre Plus".
they just speak about people who choose not to participate not those who can't - as you pointed out there is a clear indication in the quote that "providers" do play a part in assessing someone as unfit to work.

JayneL left an annotation ()

Hi Sian

Re point 3 ATOS & decisions by DMs - In my case because my ATOS assessment found me both "unfit for work" & "unlikely to work in the future" The DM decided this was wrong and entered me into the WRAG!

It seems it's the DM who have responsibility to get claimants off benefits!!

ps I did get this reversed via reconsideration & the threat to make my case public?!