UC Self Employed LCWA

nails

I'm self employed & I've agreed with my work coach to do 12 hours minimum a week & my minimum income floor is based on this. I've had fit notes to support my altered hours. I then went for a limited capability for work assessment. They say I do not have a limited capability for work & may be able to work some hours & that I no longer have to hand in fit notes. Then my work coach told me unless I put in for a mandatory reconsideration I'll be expected to work 35 hours from 1st Oct. So I did put in the MR. It's come back with the same decision. But in the letters they say

Our decision

We have decided that you do not have limited capability for work

and can do some type of work

This means you might be expected to look for work, depending on

what you agree with your work coach.

What happens next

Your Universal Credit award will not change and we will contact

you to discuss the work-related requirements in your

commitmenis.

You do not need to send any more statements of fitness for work

(also known as doctor's notes or fit notes) from your doctor, unless

your condition changes.

So is my work coach wrong & i can still stay at 12 hours or are they expecting me to work full time? I'm so confused. 

poppy123456

I think i'm going bonkers because i'm sure i replied to this on another thread here but now i can't find my comment.

As you've now had the MR decision then your commiments may change but that will depend on your work coach. Where it says "your UC will not change, it means your maximum entitlement will not change"

If you disagree with the decision you can proceed to Tribunal.

nails

I went to edit the photos & the whole discussion was deleted? Thanks for the clarification concerning my uc will not change. They make it so confusing. So is it up to my work coach to decide how many hours I work? I literally cannot believe this is happening to me. I'm on altered hours due to stress & anxiety & I'm now on medication & have doctors evidence to back it all up dating back over a year & they say I'm fit for full time hours? I honestly feel like I'm being punished for something. 

poppy123456

Ah ok thanks, i thought my brain was going into overdrive. when i said your UC won't change, what i meant was your maximum entitlement before any deductions won't change. If your claimant commiments change then the MIF will also change.

Yes, it will be your work coach that will discuss your claimant commiments with you. Please do request the Tribunal if you think you should qualify for either LCW or LCWRA.

I don't know if you've seen the descriptors for both but i'll put them here.

LCW here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

LCWRA here https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

nails

I'm guessing by the claimant commitments I'll be expected to work 35 hours a week. I can't believe I'm going to have to go to tribunal. This is absolutely insane. It's like the assessor & the decision maker were literally the nicest people who completely understood how I feel & what's wrong with me then just made the complete opposite decision. I really feel like a fool. Are they trained in how to say one thing then do another? I'll not sleep till this is resolved. 

poppy123456

I'm afraid i can't advise what your commiments will be. Only about 16% of people are found fit for work, it's just unfortunate, that you were one of them. The majority of people are found to have LCWRA.

I don't know what the stats are for Tribunals because they have released those. I do know that there's more chance if you either appear in person or request a telephone/video hearing.

nails

I have just submitted an appeal online & opted for a telephone hearing. Literally cannot believe this is happening to me. Absolute nightmare

poppy123456

Sometimes it does happen. Try to move on if you can and concentrate on whether you think you qualify for either LCW or LCWRA and your reasons why. 

For LCWRA you just need one descriptor to qualify. Or substantial risk. For LCW then it's at least 15 points needed.

nails

According to me I'm lcwra but I only wanted lcw to ensure I could manage & I got neither haha I really appreciate your replies. 

tigerstar

any update on this as I’m in exactly the same situation and can’t have my minimum income floor raised as I can’t work

nails

I went right through to tribunal. They said there's nothing wrong with me & that I'm capable of working full time. Told my work coach. She was gobsmacked. She kept my hours at 12 a week as she knows my health conditions. Then in August 2024 I was diagnosed with ADHD & was told I need to be medicated. The wait list for that is 9 months. My work coach then put my hours down to 10 a week. I have decided not to even try to claim any sort of pip & my work coach hasn't even suggested I try for the work capability again. She says she's happy to carry on as is. I feel like I'm a glitch in the system & thank God I have an understanding work coach. I dunno what the actual rules are but I'm sure she's broken then for me?

tigerstar

@nails thank you so much, my work coach is totally understanding also, so once I speak with them they can keep my hours as agreed at 10 hours?

nails

I have no idea but that's what my work coach did for me.

tigerstar

@nails thank you, I’ll request my scores and an MR, I’ll also see what my work coach has to say, if you don’t mind me asking, did your payments change or go down when you appealed

nails

When you appeal everything stays the same. If you fail the appeal & want to go to tribunal then that's where the problem starts as I was expected to then work full time & sign off UC but my work coach said that was ridiculous so kept my hours at 12 a week. Then when I failed the tribunal she said the same thing. I'm not sure how she's done it though as it looks to be against the system. Like I said I feel like a glitch.

tigerstar

@nails im happy for for its nice to see some good for someone x I also have hope