Managed migration - start up period - wca

JammyWhite

Hi everyone. I am soon to apply for UC having received my migration letter.

I receive DLA and WTC and able to do some self-employed work when symptoms allow, have some ok days/weeks, and some severely bad days/weeks where I cant work at all, but on average I work around 15hrs pw if looked over a year or so. When I work I am between manageable to bad pain in mutliple parts of my body due to tumours, but I soldier on. In my very bad days/weeks I am in agonising pain crouched in bed trying to find a comfortable position to ease the tumor/nerve pains.

I will obviously have to have a WCA but I am worried about my current work on my good days being used against me in the assessment and having read lots of peoples experiences its clear DWP main principle is pay as few people as possible, as little as possible.

I am contemplating stopping working now, prior to making my claim and until the WCA decision is made. So my work is not used against me. And my condition is only deteriorating, its a progressive genetic disease and lately I really push myself hard to put in the work hours I do and it would be most unfair if its was seen as I am ok to work.

My questions are these.

1. Would I have to put 'unemployed/not working' on my gateway appointment if due to my condition I feel I can no longer work the 15 or so hours pw that I have done for the past couple of years? I probably could do 5hrs-10hrs pw but then again its with a struggle and I risk having this work seen as 'ok' to work. Is there another option like 'temporarily' unable to work?

2. If I put 'unemployed/not working' will the transitional protection still apply to me or would it be seen as change of circumstances and no longer entitled to it under managed migration?

3. Also if I put 'unemployed/not working' would I have a gateway self employed or other Job Centre work coach appointment in order to sign claimant commitment?

4. Would I have to bring medical evidence to work coach so that commitments can be agreed until the WCA decision?

5. If my WCA is found Fit to Work and I commenced my previous (current) self-employed work, would the 12 monthStart Up (no Minimum Income Floor) period apply to me given its the same work I did previously and not a new one? ie if it was an existing self employed work but the first time it was registered as a gainfully self employed on my claim?

Please if somebody can help me I am trying to think of all the possible scenarios to avoid finding myself in a financial hole. Thank you

WhatThe

Hi JammyWhite (are you a snooker fan??)

There are a few threads on here with similar concerns so I recommend having a search if you can.

It's fantastic that you manage those hours and can reduce them as needed. Declare your self-employed status upon application as it will provide some protection from DWP since you are an "economically active" claimant and already in work.

Others will explain better than I can but it will be to your advantage - as it should be - to keep the part-time work. You won't ever be able to support yourself fully through employment and have medical evidence of that which they will have to accept.

Yes, I always took a 'fit note' into the job centre as the coaches have little information about us on their screens.

JammyWhite

Hi, sorry not a snooker fan, is it something about my name?

Thank your for your reply. I have searched in the forum and its been very helpful but I could not find answers to my questions above unfortunately which are quite specific and nuanced unfortunately.

I hope somebody can help with those. Thanks again. I will make sure to take the fit note to the work coach.

WhatThe

*Jimmy White* snooker legend 😉

I'm sure you'll get more responses and advice on this forum very soon.

poppy123456

1/ For UC purposes it's not about the amount of hours you work, it's about the earnings you receive each month. As self employed, if you report this then yes you will need to attend a gateway appointment with a work coach. If found to be gainfully self employed you will be given a 12 month start up period.

You will also be expected to report your earnings and expenses on the last day of each assessment period.

2/ Whether there's any entitlement to TP will depend on your circumstances on the date you claim UC. They look at the figures given from HMRC and compare them with your maximum UC entitlement. If it's less than what you were receiving for Tax credits then there will be entitlement to TP but not everyone will receive that. I'll be honest and say I'm not 100% sure whether receiving no earnings will affect any potential entitlement to UC. You will need to get some expert advice for this.

3/ Yes, you will still need to appointment as a new claimant. If you are unable to attend the appointment in person die to your health conditions then you can ask for a reasonable adjustment for a telephone appointment. Please also note that when claiming UC you are treated as a job seeker until a decision is made on your WCA. It's a work coaches discretion to either turn off or reduce commitments, some do and others don't.

4/ You can but it shouldn't be needed. Evidence should be sent when you return the WCA form.

5/ If you don't report your self employment when you claim and decide to start again in the future, providing you haven't had a 12 month start up period previously, then you will be entitled to that at that time.

Many people claim UC and work while waiting for a WCA. Providing the work you do doesn't contradict the reasons for sending in fit notes then it shouldn't go against it. Also to point out, even if you do decide not to work while waiting for the WCA and you're found to have either LCW/LCWRA then working at that point can also go against you, if the work you do contradicts the reasons for your claim.

When you do claim and report your health condition, you will need to make sure you provide a fit note within 7 days. Then continue to provide them without gaps until a decision is made on your WCA.

JammyWhite

Thank you Poppy for your full reply, much appreciated.

Can I confirm something, in answer 2) you say "..I'll be honest and say I'm not 100% sure whether receiving no earnings will affect any potential entitlement to UC. You will need to get some expert advice for this.."

Do you mean whether receiving no earnings will affect any potential 'TP' entitlement to UC? Because surely if someone is unemployed/not earning they are still entitled to UC?

Thank you also for confirming about my startup period question, I couldn't find an answer anywhere for that exact scenario where somebody returns to a previous self employed business (not new) but for the first time under UC and no previous start up period used up.

When you say get expert advice, do you mean Citizens Advice?

Thank you

WhatThe

I don't believe you can be found gainfully self-employed because you don't earn enough to support yourself (and that's unlikely to change). At most, you will be asked to declare your earnings monthly.

poppy123456

Zero earnings will not affect your entitlement to UC itself. It will mean you'll be entitled to your maximum entitlement because there will be no deductions for earnings. Expert advice meaning somewhere like welfare rights or a law centre. I can't advise CA because it has been known for them to give some very misleading advice.

JammyWhite

I think I understand thanks for explaining.

so if I wanted some expert professional advice who can I speak to?

chiarieds

You can find some local advice by searching here: https://advicelocal.uk/ choosing 'Welfare benefits' from the drop down menu. As poppy advises, the best option is a Welfare Rights officer, etc. I also agree that unfortunately Citizens Advice can often give inaccurate information.

JammyWhite

Thank you.

Is a welfare rights officer only found in the local council? How can I specifically find one to help? The link provided lists law centres and citizens advice?

poppy123456

A law centre is fine.