Universal credit: Frank Field MP wants to hear your experiences

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  • calcotti
    calcotti Posts: 15,696
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    edited 13 August 2018 at 8:52AM
    To be honest, the JCP staff didn't seem to know what they were doing

    Sadly all too common.
    I haven't filled in the assessment form
    Not clear what assessment form you are referring too.
    Their job is to make sure you are spending 35 hours a week searching for work.
    It is also their job to adjust the work search requirements to suit the claimant's circumstances.
    Regardless of whether all this is sorted out some time in a future i may not have, it's the impact in the here and now all this stress is having on my health.
    Understood.
    As per previous posts:
    1) if you were in ESA support group at time of migration you are entitled to receive LCWRA from the start of your UC claim (Regulation 19 of The Universal Credit (Transitional Provisions) Regulations 2014) and
    2) to get the housing element you will need to have provided a copy of your tenancy agreement.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • fredandwilma
    fredandwilma Posts: 1,251
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    calcotti wrote: »
    Sadly all too common.


    Not clear what assessment form you are referring too.

    The UC 50



    It is also their job to adjust the work search requirements to suit the claimant's circumstances.


    Understood.
    As per previous posts:
    1) if you were in ESA support group at time of migration you are entitled to receive LCWRA from the start of your UC claim (Regulation 19 of The Universal Credit (Transitional Provisions) Regulations 2014) and
    2) to get the housing element you will need to have provided a copy of your tenancy agreement.

    1) Yes, I was in the ESA support group at the time of 'natural' migration, but this seems to have been totally disregarded.

    2) A copy of the tenancy agreement has been provided at the first interview.

    I have to keep submitting 'fit notes'. To all intents and purposes, I have been treated as a new claimant who is temporarily unable to work.

    I know this is an old news article, but to all intents and purposes this is happening to me. My automatic transfer is lost in space.

    http://blacktrianglecampaign.org/2017/05/25/shock-as-universal-credit-rules-treat-sick-as-fit-for-all-work-related-activity-against-gps-explicit-orders/

    You still have to interact with your work coach and your UC journal, it doesn't matter how ill you are. I was treated like a piece of poo at the JCP today when i had to hand in another 'fit note'.

    They haven't a clue.

    It just goes to show the problems which arise and are going unseen from those rare cases of severley disabled natural migration. It is still a very small minority of overall benefits claimants.

    Who cares?

    No one.

    Certainly not JCP staff, although i have to say, the security guards genuinely seem upset.
    Fred - Where's your get up and go?

    Barney - It just got up and went.



    Carpe diem
  • calcotti
    calcotti Posts: 15,696
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    edited 13 August 2018 at 6:26PM
    Please try telling your work coach, either face to face or through your online journal. that you have been told that you are entitled to the LCWRA element from the start of your claim because of being in the ESA support group at the point of migration. By all means do the"I have been told but do not know if it is right" approach if you are more comfortable with that. Specifically mention Regulation 19 of The Universal Credit (Transitional Provisions) Regulations 2014. which I believe is the applicable legislation:

    "Transition from old style ESA19;
    (1) This regulation applies where;
    (a) an award of universal credit is made to a claimant who was entitled to old style ESA on the date on which the claim for universal credit was made or treated as made (!!!8220;the relevant date!!!8221;); and
    (b) on or before the relevant date it had been determined that the claimant was entitled to the work-related activity component or to the support component.
    . . .
    (4) Where, on or before the relevant date, it had been determined that the claimant was entitled to the support component!!!8212;
    (a) regulation 27(3) of the Universal Credit Regulations does not apply; and
    (b) the claimant is to be treated as having limited capability for work and work-related activity for the purposes of regulation 27(1)(b) of those Regulations and section 19(2)(a) of the Act."

    You should be paid the LCWRA element. You should not have to provide Fit Notes. You should not be required to look for work. You should not be put forward for another Work Capability Asessment as a result of the migration (although the DWP can review your status periodically).
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • When did you move over to UC and what caused the change? Something must have changed with your circumstances for you to have to claim UC, I'm assuming from what you have said this is something to do with housing?

    You need to review your payment statement and find out which elements you are actually receiving. Is your housing amount on there and correct?

    As long as there was no gap between your claims, you should be getting the LCWRA element of UC. Nothing you can do about the SDP at the moment, but hopefully parliment will sort that out eventually.

    It's important there was no gap. There shouldn't be, unless you closed down the ESA before claiming UC? Normally you would just leave the ESA open and it will close when UC notifies them and they sort everything out. UC would be notified of your ESA status and should update your UC claim so you get the correct elements and do not have to look for work. This can take some time to be done.

    Can you confirm there was no gap between your claims?
    I've little choice but to comply with my work coach or risk being sanctioned. They don't seem to understand the logistics of income, in any case. It's not their job. Their job is to make sure you are spending 35 hours a week searching for work.

    While they don't directly deal with payments, it is part of their job to ensure your claim is correct. If they know it isn't they shouldn't be merrily going about business as usual, they should be helping you get the issue resolved. It is also their job to make sure your circumstances are taken into account on your commitments, and being asked to regularly attend the office and look for work(?) when you were in ESA support group does not sound like they have done so.

    Having said that it really is the case manager who should resolve this for you. Try phoning and seeing if you can speak to your own case manager or direct your journal messages about this to 'payments',
  • fredandwilma
    fredandwilma Posts: 1,251
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    Thanks for the info, everyone. I'm not familiar with jobcentres or protocol, I didn't know i had a case manager.

    I have to attend a work search review with my work coach, to check I'm doing everything i can to find a job or earn more, (even though I've submitted another 'fit' note).

    Maybe i'll be sanctioned for not doing everything i can to find a job? In fact, I'm not doing anything to find a job.

    No - I haven't closed my ESA claim at any point. TGFT.

    It's getting to me now. What's the point?
    Fred - Where's your get up and go?

    Barney - It just got up and went.



    Carpe diem
  • calcotti
    calcotti Posts: 15,696
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    If you have the strength please raise the points covered in this thread with the work coach. They should be able to get your award looked at again.
    Unfortunately there are numerous reports of incorrect transfer from ESA to UC but the rules are clear as detailed in earlier replies.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Ames
    Ames Posts: 18,459 Forumite
    It does sound as though there's been some 'miscommunication' somewhere along the line and your case hasn't been properly transferred as a move from ESA rather than a completely new claim.

    I think I remember similar cases on here though, sadly the rollout is going anything but smoothly.
    Unless I say otherwise 'you' means the general you not you specifically.
  • fredandwilma
    fredandwilma Posts: 1,251
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    It does appear indeed, there has been no communication between departments.

    One department of ESA say I'm still in receipt of ESA, another ESA dept says I'm now claiming UC, UC says I'm claiming UC and i have to go for a WCA as they haven't heard otherwise from ESA. I've just had another re assessment for ESA (last year,) now i have to go for a WCA for UC.

    I've lost all my Disability Premiums and increments and I'm now currently on the basic 73.10 a week plus 'some' Housing Benefit.

    How do i challenge this in law? I know about all the regulations, but if they make me go for a WCA, I've no other option?

    How do you 'make' departments communicate?

    I'd advise anyone to think twice before 'naturally migrating' from legacy benefits to UC. It's definitely having a negative impact on my health.
    Fred - Where's your get up and go?

    Barney - It just got up and went.



    Carpe diem
  • Ineededaname
    Ineededaname Posts: 148 Forumite
    edited 16 August 2018 at 11:28PM
    Why did you move to UC, you still haven't explained this? I thought natural migration is when a significant change in your circumstances means you have to claim UC, and there isn't any choice in the matter.

    Have you had a conversation with your case manager yet, either through the journal or on the phone? They are the person who normally process all of this.

    Who on UC has told you you will be going for a new WCA, and how have they told you? Have you actually received a new medical questionaire in the post?

    Have you raised the points again with your work coach?

    Try both of these things before you do anything else.

    If you aren't getting anywhere, ask to speak to their managers. Failing that - formal complaint. Neither of these should be required honestly - if everything you've said here is accurate then this should not be complicated.

    Really no point considering a legal challenge before you've tried to resolve it first with the DWP.

    Just remember you can't get the severe disability premiums on UC at present, so no point asking about that. Just stick to your support group correction.
  • calcotti
    calcotti Posts: 15,696
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    ....this should not be complicated.

    True but unfortunately many DWP staff have simply not received enough training and do not understand the rules which results in the kind of problems the OP is experiencing.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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