Moving from ESA support group to UC

puddsykit

My friend suffers from paranoid schizophrenia and has claimed ESA in the support group for around 9 years. He has always lived with family members. He has moved into a rented house on his own and has started a UC application as he will need help with housing costs.
He has struggled with the process and I have begun looking at his claim to help him out. He has been asked for a sick note and told that he will have to have a WCA. I have noticed that on his initial commitments which he has agreed to it states that he should spend 16 hours a week looking for work. This is placing a tremendous strain on him and his mental health is deteriorating.
From the research I have done it seems that he should automatically be moved into the LCWRA group for UC and not have to provide a sick note or take part in a WCA. Ive explained this to him and he has told a member of the DWP during his last phone call. She stated she knew nothing about this and he would still need a sick note and attend a WCA. My questions are:

Am I correct that he should not need a sick note or WCA?
Should he provide a sick note whilst we are trying to get this resolved or will that trigger a reassessment?
What steps could he take to get this resolved?

I have sent a message through his journal requesting that i become his representative as he struggles to understand what they are saying, so hopefully i should be able to get this resolved for him.

poppy12345

His Support Group award should have been honoured in UC and he should have been placed into the LCWRA group. Although this can sometimes take a while to action. They do often ask for fit notes until the LCWRA is added to the claim. This doesn't mean he won't be reassessed though because this can happen anytime from 3 months from the previous review.

If any part of his ESA was Contributions based this will continue and be deducted £1 for £1 from his UC entitlement.

If he's privately renting and under 35 they he'll be entitled to the shared rate of LHA, unless he claims PIP daily living or DLA mid/high rate care and then he'll be entitled to the 1 bedroom rate. If he's 35 and over then it's the 1 bedroom rate regardless of a PIP or DLA award.

Spoonie_Turtle

puddsykit said:

My friend suffers from paranoid schizophrenia and has claimed ESA in the support group for around 9 years
...
From the research I have done it seems that he should automatically be moved into the LCWRA group for UC and not have to provide a sick note or take part in a WCA. Ive explained this to him and he has told a member of the DWP during his last phone call. She stated she knew nothing about this and he would still need a sick note and attend a WCA. My questions are:

Am I correct that he should not need a sick note or WCA?
Should he provide a sick note whilst we are trying to get this resolved or will that trigger a reassessment?
What steps could he take to get this resolved?

You are correct, it should transfer across, however realistically it may help to get a fit note for the meantime while this is sorted out. 

Your friend may be reassessed if he was near enough due to be anyway, but his Support Group (LCWRA) status should continue until/unless any decision is made to change it.

I don't know specific steps but others will be able to advise. 

calcotti

I would suggest the phone call is followed up with a message in the journal. Something along the lines of

At the time I claimed UC I was in receipt of ESA and was in the Support Group. I believe this means I should have been treated as having LCWRA from the start of my UC claim and was also entitled to have the LCWRA element included in the calculation of my maximum UC amount from the start of my claim. Please review my payments and Claimant Commitment accordingly.
See guidance in Advice for Decision Making Staff paragraph F5051 and G1005.