WCA Decision - Timescale?

EP

Hello,
Situation: currently claiming ESA again after recurrence of previous illness. Keep trying different jobs but all seem to aggravate underlying condition. Now looking for other ideas for work.
Have Work Capability Assessment next week.
Previous WCA scored zero points so fully expect same result.
In four weeks going away to care for relatives on holiday for 3 weeks.
Problem: if WCA decision arrives whilst away, ESA will stop, and will not be on any benefits (Correct?). Will not be able to apply for UC as away from home. Could apply online but UC first interview must be within 7 days (Correct?)
There appears to be no guidance re min/max timescale for a WCA decision.
Any advice appreciated...
Rgds,
EP

poppy12345

There's no guidance for decision timescales because there's no timescales. Backlogs cause delays and the time they tell you is just a guide. It could be anything from 2-8 weeks, sometimes longer.

If the worst does happen and you're found fit for work then yes your ESA will stop. You will then have 1 month from that date to request the MR. If your ESA is Income Related and you claim UC you won't be able to go back onto ESA.

Spoonie_Turtle

A week after the WCA you could request the report, which should arrive before you go away so you'll have some idea which way it will go. If it looks like you'll have to do an MR, you could draft it so that it's ready in case you do need to request it while you're away. 

You could do a benefit calculation based on your circumstances, ignoring ESA, just to see what UC you might be entitled to if it came to it - some people are better off on UC, but it totally depends on your circumstances. A UC claim would end any other benefits such as Housing Benefit, Income Support, etc. If you had to claim UC you would also need a fit note, just FYI, and would still have to go through the WCA process unless you get your ESA decision overturned. Important to note is that you don't get anything on UC for being in the equivalent of the WRAG (LCW), only for the equivalent of the Support Group (LCWRA). However, under UC you have more leeway for working than ESA.

If, after thoroughly investigating it, you were to decide that claiming UC would be a good decision for you, you could open a claim before you get the decision, before you go away. I'm not 100% sure of timescales because I too thought that the initial appointment had to be within 7 days, but mine ended up being 11 days after opening my claim as they had none sooner. That was just the appointment to confirm identity, they then booked a second appointment for a few days later to see a work coach to decide the claimant commitment - and this is when you need the fit note, so they can exercise their discretion to lower or turn off work search requirements.

Equally, you might decide it's better to fight for your ESA and not claim UC, in which case having an MR request drafted and ready to go would help speed the process up anyway.

EP

Thanks for the replies.
The ESA is contribution-based (New Style), within UC. So the bi-weekly ESA payments are taken off the monthly allowance. I think being on UC would be the same financially.
If ESA was stopped would I still be on UC? Or would the UC claim be closed at the same time (Housing element is being paid)?
Would I then claim New Style contribution-based JSA? (Can you go away for more than two weeks on this? I think under UC claimants can go away up to 4 weeks, including abroad, at any one time).
I gather one problem with a MR is that all benefit is stopped (Correct?) during the process..
Thanks again..

calcotti

EP said:

Could apply online but UC first interview must be within 7 days (Correct?)

I think the requirement is that the appointment must be made within 7 days not that it takes place within 7 days. When you ring for the appointment. Given that you are initially assumed to be a jobseeker I assume you would be expected to take the earliest available appointment but you can give yourself extra time by not ringing to make the appointment until day 6. 
Your application is not complete until you have attended the appointment.
https://www.understandinguniversalcredit.gov.uk/making-a-claim/your-jobcentre-appointment/
"You need to book an appointment within 7 days of completing your online claim. If you wait longer than this you may have to make your claim again.."

Spoonie_Turtle

Are you currently receiving any other benefits? And are you currently on the assessment rate of ESA (I infer from your first post this is a relatively recent claim). Oh, and if you have savings above £16000 you'd not be eligible to coaim UC, and if you have savings between £6000 and £16000 they deduct a proportional amount (based on each £250 of savings above £6000).

Yes ESA is deducted from UC in full
ESA stopping should have no effect on UC other than no longer having it deducted.

JSA would also be deducted from UC; the only difference I can think of is possibly JSA might give you a different class of NI credits? (I can't remember). However I believe one of the eligibility criteria for JSA is that you don't have any conditions limiting your ability to work, in which case it would be an inappropriate benefit for you.

With UC there are no limitations on potential work even if you're assessed as having limited capability, and actually if you are assessed as having limited capability for work / and related activity, you'd have a work allowance meaning you can earn more before they start deducting anything. It just can't be anything that contradicts your limitations, obviously, otherwise they will reassess you.

I don't know much about the rules for going away, though if you are subject to work search requirements you would still have to fulfill them on UC. [With a fit note you should hopefully have a decent work coach who turns off those requirements anyway, but it's not guaranteed.]

The other thing to note is your first UC payment is 5 weeks after you open your claim, just so you're aware.

poppy12345

Spoonie_Turtle said:

JSA would also be deducted from UC; the only difference I can think of is possibly JSA might give you a different class of NI credits? (I can't remember).

New style JSA is class 1 and UC is class 3.

EP

Spoonie_Turtle said:

Are you currently receiving any other benefits? And are you currently on the assessment rate of ESA (I infer from your first post this is a relatively recent claim). Oh, and if you have savings above £16000 you'd not be eligible to coaim UC, and if you have savings between £6000 and £16000 they deduct a proportional amount (based on each £250 of savings above £6000).

No other benefits. Current ESA must be assessment rate - not in any group...prior to WCA
Savings well under £6k

calcotti said:

EP said:

Could apply online but UC first interview must be within 7 days (Correct?)

I think the requirement is that the appointment must be made within 7 days not that it takes place within 7 days. When you ring for the appointment. Given that you are initially assumed to be a jobseeker I assume you would be expected to take the earliest available appointment but you can give yourself extra time by not ringing to make the appointment until day 6. 

Thanks of pointing that out - I wonder how flexible they are with the appointment date? I've told them I'm going away already (which is allowed up to 4 weeks under UC).
Re: the WCA test - I may need to reschedule. I believe it can be done only once...Not sure if you have to accept the next available slot...?

Spoonie_Turtle said:

 However I believe one of the eligibility criteria for JSA is that you don't have any conditions limiting your ability to work, in which case it would be an inappropriate benefit for you.

Hadn't thought of that. But before UC, there was only ESA and JSA. First time I was on ESA I initially claimed JSA with sick notes but was told I HAD TO claim ESA (because I was unable to perform my normal job through injury/disability).

NedS

General rule of thumb for WCA outcomes in  our area has been 4-6 weeks, but I have seen this delayed to 8 weeks over Christmas, and saw one the other week with an outcome in 5 days, so it's a complete lottery how long it may take.

WRT claiming UC, you are in control of the timescales to a certain extent, not DWP. From the date you make your claim you must attend an ID appointment and ideally accept a commitment, so potentially also have had a first commitments meeting by the end of the first month. However, there is no hard requirement for you to have booked an ID meeting within 7 days and no legal basis to close your claim if you haven't done so until the end of the first month. That is an internal target where they want all new claims seen within 10 days to try to ensure all new claims are paid on time - the later you leave it the harder it is to get everything done in time to ensure your first payment is made. Potentially, if you have not accepted a commitments within the first month, your claim could be closed but as long as you have an appointment booked, that is unlikely to happen (although your payment could be delayed). Go ahead and make a claim for UC if you need to and make sure you book and attend an appointment within the month and you should be fine. If you get the WCA outcome whilst you are away and need to claim UC, make the claim online using your home address, and book an appointment once you get back which should be no longer than 3 weeks.