Work capability assessment and retirement

Janes888

Hi quick question for my neighbour. They have been on UC for a number of years and is reaching pension age next month middle of July. He was issued health questionnaire and yesterday received message on journal saying we will refer you for work capability assessment. He is wondering is there any point him attending since DWP have already booked him in for a meeting at the beginning of August to close his joint UC claim with his wife who will reach pension age in September 2026

pmduk

I suggest he asks this via his journal, it sounds like a waste of resources to me, although many of these messages are automated. 

huckster

It would become a mixed age couple claim until September 2026. Mixed age meaning one of State Pension age and one below. So if he is likely to qualify for limited capability for work and work related activities due to severe health, then it might be worth going through Work Capability process.

But it depends on whether they are likely to get any UC payments. Once he is in receipt of state pension, this will get deducted £1 for each £1 from  UC entitlement. And any other income would be deducted.

Up to your neighbours to work out whether it is possible it might be beneficial to have a UC claim until September 2026. 

teaselMay

On the face of it it does seem a waste of time and resources. But it may still be worth going through with it, when did he send a sick note in? If that was some time ago, because it takes a long time for the wheels to turn, if he's found not fit for work related activity there may be a substantial back payment due.

Newcad

@Janes888 It isn't clear if this is a reassessment, ie does he already have LCW/LCWRA, or is it a first time assessment?

It makes a difference to assessment timescales, see below.

His couples claim with his wife will not be closed just because he reaches State Pension Age.
They could choose to close both claims themselves, however - they can't close just his UC while she stays on UC.

Unless they do close both claims then they will both continue on UC as a Mixed Age Couple until she also reaches SPA.
His State Pension payments will be deducted £ for £ from their ESA payments each month.

As said they need to work out if will be worth staying on UC after he reaches SPA, and if he has a payment for/LCWRA Element (£423.37 a month) then that could make a difference to that decision.

The course of action here if/when he actually gets a UC50 questionaire is to fill it in and send it back, then wait for an appointment for an assessment.

If this is a reassessment then they are currently taking many months to do and it may well get to September 2026 before he is actually given an appointment for an assessment. He will continue to get his current LCW/LCERA Element while waiting
If it's a first time assessment then things will be quicker, from a recent post here they appear to currently be doing new WCAs and making decisions in around 3 months,

Janes888

After speaking with my neighbour he has been receiving UC for about 3 years, he is gonna check if he is already on LCWRA. he has been sending in sick note for the 3 years he used to have a previous claim from 2011 which had been closed by error on which he had been told he didn't need to provide sick notes anymore after previously having WCA. He doesn't think he has had a WCA for this award.  He has been on PIP for over 10 years due to having hypersensitivity pneumonitis.  Once he receives his pension with his wife also working they wont get any UC

Newcad

That sounds like someone has dropped the ball , nobody should have to send in fit notes for 3-years - but it does happen and nobody at the DWP has any reasonable answer for why it hadn't been picked up sooner.

So YES it is very worthwile continuing with the assessment.

If he is awarded LCWRA, and it sounds like he should be, then as long as the Fit Notes have been continuous there will be 3-years worth of the LCWRA owing to be backpaid to him.

Further, but a bit more complicated:

UC didn't exist in 2011, it would have been ESA. It's debatable if LCWRA from that timebshould have been applied from the start of their UC ckaim without the need for Fit Notes or reassessment.

It's a bit of a debatable area when a previous benefit award has been closed without the LCW(RA) having changed and would need a closer look at why the ESA was closed.

Janes888

hi further comment just spoke with my neighbour who had there work capability assessment over the phone today.  he was told by the assessor that her opinion is that he cant work and they will pass this report to dwp today.  My neighbour is wondering how long it roughly takes for DWP to advise him of this decision and also rough timelines for any backdated payments