Limited commitments despite fit for work?

JammyWhite

I am aware that a work coach can limit the commitments expected of a claimant due to health reasons pending a WCA.

But what if a WCA finds somebody fit to work? Does a work coach still have discretion to indefinitely retain the reduced/limited commitments despite the WCA decision?

And is there a minimum earnings threshold that a self-employed person is expected to earn otherwise the pressure is applied by work coach to earn more? Would that be the minimum income floor and if so it means if you earn the minimum income floor amount they leave you alone?

So many questions!

poppy123456

For self employed the MIF will not apply for the first 12 months of your claim, as I advised in your other thread. During that time your UC entitlement will be based on earnings received each month. After this time it will apply unless found to have LCW/LCWRA.

If the MIF applies then your expected earnings will be 35 x NMW so if 21 and over then it will be 35 x £11.44/week, which is £1,556/month. Which means your earnings after expense would need to be at least this much. If it isn't then your UC entitlement will be based on if you did earn that amount, even if you didn't. https://www.citizensadvice.org.uk/benefits/universal-credit/on-universal-credit/how-universal-credit-payments-work-if-youre-self-employed/

JammyWhite

Thank you, I do understand about the MIF.

So if a self employed claimant is earning through work as much as the MIF per month there would not be pressure from work coach to increase hours and earn more?

Because even earning the MIF amount per month through work one is still entitled to help with rent/housing support.

I’m trying to establish if the maximum a disabled person can realistically work and earn is around the MIF amount per month but they have been found to be ‘fit for work’ at the WCA, can the work coach still push to increase hours and earnings thereby reducing or losing altogether the eligibility to housing support?

I hope my questions are clear. I’m extremely anxious and have all these question which I find hard to sleep with unless I have clarity in my mind.

poppy123456

During your start up period you will not be required to look for more work if your earnings are low. Lots more information here. https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide

It does seem like you don't understand the MIF. If this applies then you would be expected to earn the figure I advised in my previous comment. If you don't then your UC entitlement will be based on that amount anyway. If you earn at least that amount then your UC will be based on your actual earnings.

Your thoughts on UC entitlement and earnings is not correct. UC is one payment made up of many different elements. Earnings received each assessment period will reduce your whole UC entitlement by 55%, if you don't have the work allowance.

If you don't have dependant children on your claim you will not be entitled to the work allowance when you first claim UC. If you're found to have either LCW or LCWRA then you will be entitled to the work allowance.

If you're entitled to the work allowance it means you can receive a certain amount of earnings each month before the 55% deduction applies. If you claim for help with the rent your work allowance will be £404/month.

Here's an example if you're not entitled to the WA. If your earnings are £400/month then your whole UC entitlement would reduce by £220.. (£400 x 0,55) The more you earn the less UC you're entitled to. The less you earn the more you're entitled to, up to your maximum entitlement for your circumstances.

If you were entitled to the work allowance earnings of £400 would not reduce your UC entitlement.

One extra thing to point out, if you're found to have LCWRA then you'll be entitled to extra money from the 4th month after you provided your first fit note. However, if your UC includes Transitional Protection, then this erodes over time, so if other elements increase, or you become entitled to other elements then the TP decreases and could even erode completely. For this reason you may not be any better off.

WhatThe

Sorry to butt in again but..

I don't think you need to worry like this. You're unlikely to be found 'fit-for-work' with your medical history and evidence. What would be the point?

DWP wants claimants to prepare for work or look for work or return to work, especially younger people and those without skills or experience.

You do work so you are economically active and that will go in your favour when dealing with coaches while you wait for the WCA outcome. You are registered as self-employed which will be known to them so wouldn't they question why you were suddenly not?

JammyWhite

I understand what you’re saying.

I get extreme anxiety with uncertain situations such as this migration and when this happens I have to try to get answers to all possible questions and scenarios in my head, however unlikely, because I literally can not sleep at night with stress and racing thoughts. I get panicky and stressful and just can’t shake it. It’s very difficult.

JammyWhite

I guess my question simplified is this:

Aren’t tou ‘fit to work’ if you are working part time? Even though I push myself incredibly in order to do those limited hours. How can WCA be LCW if already working?

JammyWhite

I am happy to work as much as my quite serious but inconsistent/intermittent symptoms allow.

But would it be better to get LCW or LCWRA and then work when I can?

But I hear you about them asking well why did you stop work just now? Well because I do go though periods/days/weeks where I really can’t work much at all.

JammyWhite

But then the other question comes up.

If I stopped working ‘temporarily’ would I have to put ‘unemployed’ in my UC claim?

And if I did is that change of circumstances from current legacy benefits and does this mean loss of transitional protection?

Poppy suggested I need expert advice on this question but not sure where to get that advice?

JammyWhite

Or does LCW means literally ‘limited’ ability to work, so part time falls within that?

I guess it’s the ‘fit to work’ as opposed to ‘unfit to work’ that’s confusing me.

Maybe it’s not black or white?

I’m sorry about all the posts.

poppy123456

I'll be honest and say I don't think it matters whether you're working when you migrate or not, for the WCA process. If found to have LCW and you're not working and then return to work it can still go against you in the future if the work you do contradicts the reasons why you were found to have LCW in the first place. Many people continue to work while waiting for the WCA.

What you should do if you haven't already is look at the descriptors for each group to see if you think any apply to you.

At least 15 points are needed for LCW. You can see them here, https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

For LCWRA just one needs to apply the majority of the time. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

JammyWhite

Hi I will check the descriptors carefully thank you.