This is a repost as we’ve been made aware that DWP are sending out a new crop of letters to those in the ESA support group
We ‘ve had increasing numbers of emails from those in the ESA support group facing constant harassment from local job centres. Harassment takes the form of letters and phone calls ‘inviting’ people to work focused interviews, chats with job coaches or other ‘helpers’. Another type of ‘invite’ suggests that the job centre need to check you’re getting the right amount of benefit they advise you to take in bank statements and other documents. Often these letters and phone calls wrongly state that your benefits are at risk if you do not attend. All such interviews are voluntary according to the regulations, not mandatory. Its sounds like a scam warning from some dodgy company doesnt it, but this is the DWP Job Centre, supposedly public servants, causing anxiety and misery.
We have reproduced two template letters to use if these scams happen to you -with thanks to John Slater
Your Name
Address 1
Address 2
County
Post Code
Name JCP Manager
Address 1
Address 2
County Post Code
Date
Ref: NINO
Dear JCP Manager I received your letter of <insert date> stating that you have arranged a work‐focused interview for me on <insert date> at <insert time> without my knowledge or consent.
The DWP is aware that I have been placed in the Support Group for Employment and Support Allowance and therefore exempt from activity of this nature. S.19 of the Welfare Reform Act 2012 specifically forbids the Secretary of State from imposing any work‐related requirements on anyone allocated to the support group.
This letter has caused me considerable distress and has exacerbated my illness. Should the DWP persist in sending me further letters of a similar nature I can only conclude that it does so knowing that it will cause me alarm or distress. Such actions are a criminal offence under section 2 of the protection from Harassment Act 1997 and I retain the right to make a criminal complaint to the police.
As the DWP is acting contrary to the Welfare Reform Act 2012 please regard this letter as notification to cease and desist all such activities immediately.
I will not be attending the work‐focused interview and in doing so I will not be placing my entitlement to ESA at risk. Any suggestion by the DWP to the contrary will be considered harassment.
I remind the DWP that I will continue to comply with all lawful requirements in respect of my ongoing claim for ESA.
Yours sincerely
A. N. Other
Your Name
Address 1
Address 2
County
Post Code
Name JCP Manager
Address 1
Address 2
County Post Code
Date
Ref: NINO
Dear JCP Manager
I received your letter of <insert date> stating that you have arranged an interview for, without my knowledge or consent, on <insert date> at <insert time> because my circumstances may have changed and the DWP need to ensure my payments are correct.
The DWP is aware that I have been placed in the Support Group for Employment and Support Allowance and therefore exempt from any work‐related activity. S.19 of the Welfare Reform Act 2012 specifically forbids the Secretary of State from imposing any work‐related requirements on anyone allocated to the support group. It also makes no provision for people allocated to the Support Group to be summoned to attend random benefit interviews.
On the .GOV website the DWP states:
“You’ll then be placed in 1 of 2 groups if you’re entitled to ESA:
work‐related activity group, where you’ll have regular interviews with an adviser
support group, where you don’t have interviews”
In fact the DWP has the Benefit Centre network that contains benefit integrity centres and performance measurement to undertake this type of review by appropriately qualified officers. Therefore, this interview appears to be incompatible with the DWP own processes.
In respect of payments the DWP knows that I am in the Support Group and the amount I am in receipt of. Therefore, it can easily determine if this amount is correct without recourse to a face to face review.
To the best of my knowledge my circumstances have not changed. If the DWP has evidence to the contrary please address them to me in writing as I find the benefit system far too complex and distressing to deal with on the telephone or face to face. I also rely on extensive support from other people when dealing with the DWP.
This letter has caused me considerable distress and has exacerbated my illness. Given that the proposed review is incompatible with the DWP own business processes and published guidance I can only assume that its purpose is to cause me alarm or distress. Should the DWP persist in sending me further letters of a similar nature I can only conclude that it does so with the same intent. Such actions are a criminal offence under section 2 of the protection from Harassment Act 1997 and I retain the right to make a criminal complaint to the police.
Please regard this letter as notification to cease and desist all such activities immediately.
I will not be attending the interview and in doing so I will not be placing my entitlement to ESA at risk. Any suggestion by the DWP to the contrary will be considered harassment.
I remind the DWP that I will continue to comply with all lawful requirements in respect of my ongoing claim for ESA.
Yours sincerely
A. N. Other
Templates can also be downloaded at the links below
Correct Detail or Support Invite Reply Template (1)
WFI reply template