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Mandated to see GP?


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Hello,

 

Is it allowed/correct for a (JCP)advisor at a WFI to mandate via action plan an ESA(WRAG) claimant to see a GP?

 

The only info I can find is from the "work programme provider guidance"(chapter 2), that states they cannot mandate an ESA claimant to undertake medical treatment.

I cannot find any info concerning JCP WFI and as to what is allowed/not allowed.

 

Thanks for any help/info.

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JC advisors aren't even decently qualified to offer jobseeking help in most cases, let alone medical advice! I can't find any specific guidance relating to this either. If you're already on ESA then one would assume that any medical problems you may have would already be being treated by qualified medical people.

 

Did you ask the advisor why they thought it necessary to even mention this, let alone try and include it as part of an action plan?

 

Maybe someone else on the forum will have experience of this.

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Is it allowed/correct for a (JCP)advisor at a WFI to mandate via action plan an ESA(WRAG) claimant to see a GP?

 

I would have thought such a mandation to be well outside the remit of any adviser, JCP or WP. Should you get such a demand (I suspect you already have), insist that it is referred to a Decision Maker without delay.

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I would have thought such a mandation to be well outside the remit of any adviser, JCP or WP. Should you get such a demand (I suspect you already have), insist that it is referred to a Decision Maker without delay.

 

Agreed. OP should insist the demand is made in writing and state that he or she does not intend to comply until a Decision Maker has reviewed it. I was a processor, not an adviser, but one thing that was always made clear in training was that we were not medical professionals and shouldn't act as if we were.

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Hello,

 

I did get the "Mandate/Action" demand in writing. (but it was not agreed to verbally, and neither I nor the WFI advisor signed the action plan).

Edited by down'n'out
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I've seen guidelines which have said that a jobseekers direction can be given in writing, verbally, by email, etc...then seen another document where it says it must be given in writing, as in the Jobseekers Guidance document extract below;

 

Content of a Jobseeker’s Direction

A Jobseeker’s Direction must be:

 linked to an action to improve the claimant's chances of finding work;

 personalised and appropriate for that individual claimant;

 related to labour market activities;

 a one-off specific activity, which the claimant can reasonably be

expected to perform;

 time bound and reviewed by the Personal Adviser or Assistant Adviser

within 2 to 4 weeks; and

given in writing

 

Always best to get everything in writing and never rely on verbal agreements - especially with the JC. Get it in writing and record the conversation would be even better.

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I've seen guidelines which have said that a jobseekers direction can be given in writing, verbally, by email, etc...

 

I am unsure as to how much a "Jobseeker direction" is tied to/equivalent to an "ESA action plan".

 

I have found "The Employment and Support Allowance (Work-Related Activity) Regulations 2011" which does state not being able to mandate ESA claimant to medical treatment.

 

I do not know if that is still current.(I am checking amendments).

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