conflicting UC advice from DWP

Options
sassita
sassita Posts: 7 Forumite
in Benefits & tax credits
My situation,

I am in the midst of changing jobs, I left my last position after an illness late December, having had an offer of another job. New job require an Occupational Health report, and due to a miscommunication between them and my GP as well as the festive slowdown, this has been delayed. In the meantime I have claimed UC. I've never claimed any benefits before other than PIP for a health condition. I have kept my journal updated with progress on paperwork and everything is in order, then I got a message to complete a Health assessment. I called the customer service centre for advice, and explained that I HAD a job, was at that point in my notice period at my last job and that i intended to return to work as soon as I got a start date

The advice I was given (which I documented in my UC journal) was to ignore the message and not fill in the form when it arrived as it had likely been sent out already. So I followed that advice. Today in the post came an appointment for a work capability assessment (WCA) in 10 days' time and the warning that I could lose UC if I don't attend. I'm confused as I am not, nor have I ever claimed that I was unfit to work (other than the period of illness I had lasting 2 months at the end of last year). Nor will I need to continue claiming UC once I get my Occu health clearance to agree a start date.

Do they really need to make the whole process this stressful? I have received ONE payment, have arranged interim casual work and am doing all I can to prompt GP and Occu health to talk to each other more quickly, yet i feel like I'm being accused of doing something wrong and not having a valid claim. I have updated my journal querying this, but I don't kjnow what else to do.

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    edited 12 January 2019 at 8:03PM
    Options
    DWP appear to have misunderstood the purpose of the Work Capability Assessment in UC. For ESA failure to participate in a WCA would result in ending the claim because ESA was a benefit for sick people. For UC the purpose of the WCA is to establish whether you can be considered to have Limited Capability for Work or Limited Capabilit6 for Work and Work Related Activity. If you have LCW or LCWRA your work search requirements are limited (or non existent) and in the case of LCWRA you get paid additional benefit. Failure to participate in the WCA means that you are treated as not having LCW or LCWRA but should not end your UC claim.

    I assume that as you have had a payment you have had a meeting with a work coach and completed a claimant commitment. What did this commit you too.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • sassita
    sassita Posts: 7 Forumite
    Options
    I have not had a meeting with a work coach. Everything has been done via journal. I guess I haven't had to have a meeting because this is a gap between end of one job and start of new job? The occupational health clearance is holding up the start date, but right now I don't know if that start date is going to be in time for me to working before the next payment is due.

    I applied for UC on the advice of my local authority because this area no longer has housing benefit, which is what I would have had to apply for in the past, whilst getting SSP from my employer. I have not said or implied anywhere that I am unfit to work, i am now recoved, (apart from the start-date stress!) and keen to get to work asap.

    This "between jobs" stage is has been going on for 3 weeks. and hopefully will come to an end quickly. My commitments on my journal are simply to advise of changes of circumstance and to complete anything that pops up on my to-do list. (which has been empty since the ID validation appt I had at JCP).
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    edited 12 January 2019 at 8:14PM
    Options
    I don’t know if there is more you can do at the moment.

    I don’t think you can be sanctioned for not taking part in the WCA so your UC should not end. However you are allowed to cancel a face to face assessment and rearrange once so you could ring the health assessor to postpone it while you try and get clarity from DWP.

    Note that your UC claim will not end when you start your job. It will continue but when you get your first wage payment DWP will be notified by HMRC (who will have been told by your employer). Depending on the amount of your wage you will be entitled to a reduced UC payment or have a nil entitlement. If it is a nil entitlement your UC claim will effectively end - but you will still have access to your journal for six months and can make a rapid reclaim through the journal should the need arise.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • huckster
    huckster Posts: 4,823 Forumite
    First Anniversary Name Dropper First Post
    Options
    To explain a bit further.

    Universal Credit is a benefit that for is people working or not working.

    If you advise that you suffer from a health condition on your application, normally you are required to supply Doctors fit notes. This is so that your health journey under UC can be started and you are sent a questionnaire to be completed, to inform the health assessment. It may be that you suffer a disability, rather than a health condition, that stops you from working. The fact that you claim PIP will be noted by UC and it may be that UC are trying to ensure that they do consider your disability.

    The idea of the health assessment is to inform, whether you qualify for Limited Capability for Work or Limited Capability for Work and Work Related Activity. You only receive extra payment for the second category. However, both categories will qualify you to receive a Work Allowance on you claim, so that UC does not take into account the first £198 of earnings, when calculating any earnings deduction.

    If you qualify for the categories above, it affects what work group you are. If this new employer keeps you waiting awhile, it might stop you having to attend the Job Centre as often, if you are waiting for this UC health assessment. You are in intensive work search, until you either qualify for the categories mentioned or you start work and your earnings move you into light touch or working enough.

    Complete the questionnaire, send it off to the assessment centre with any additional information and attend the health assessment that has been arranged.


    Can you advise what health/disability issue you suffer from that allowed PIP to be awarded ? And what was the PIP award, standard rate care ?
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • konark
    konark Posts: 1,260 Forumite
    Options
    huckster wrote: »
    To explain a bit further.

    Universal Credit is a benefit that for is people working or not working.


    That's everybody.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Options
    Huckster was making the point because the fact that UC is both people working and not working (as well as well or ill) is major change from what went before. Previously those in work claimed different benefits to those not in work and those who were ill claimed different benefits to those who are well. Whilst that makes UC easier in some respects it also lies at the root of some of the difficulties with it.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • tomtom256
    tomtom256 Posts: 2,218 Forumite
    First Anniversary Name Dropper First Post
    Options
    konark wrote: »
    That's everybody.


    No it isn't as it only covers working age people i.e. over 18's who are under state pension credit qualifying age.


    16 & 17 year olds can claim it, but it is a pain for them to do so and they have so many hoops to jump through..
  • paragon909
    paragon909 Posts: 1,498 Forumite
    Options
    UC and the LCW part is a complete joke, I know someone who got put through a medical and was told he'd get like £126 extra then was told by another agent hes getting nothing, But has to go to appointments, Which sounds like WRAG on ESA. UC and this no extra payment element is stupid and pointless!
  • poppy12345
    poppy12345 Posts: 17,961 Forumite
    First Anniversary First Post Name Dropper
    Options
    paragon909 wrote: »
    UC and the LCW part is a complete joke, I know someone who got put through a medical and was told he'd get like £126 extra then was told by another agent hes getting nothing, But has to go to appointments, Which sounds like WRAG on ESA. UC and this no extra payment element is stupid and pointless!
    LCW for UC is the same as WRAG ESA. Those that claimed UC after April 2017 and are given LCW won't be paid any extra money. Just like ESA WRAG was.



    Those in this group will be expected to take reasonable steps to prepare for work, such as attending a skills assessment, preparing a CV, participate in training or an employment programme.
    https://www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards