Universal Credit claim - please help 🙏

betty72

Hi I've been chronically unwell for 9 months now but during that period was a carer for my mum. I had covid, which progressed to long covid, diagnosed with severe RA in my knees and fibromyalgia/CFS as well as other neuropathy issues. I also had Shingles in the face and still have other investigations in the pipeline. My health has progressively affected my ability to care for her and I'm now using walking aids and even then I can't walk far with them so I made the tough decision to stop because I haven't been able to function physically or mentally. I initially pushed through because I didn't want to let her down but luckily another family member is going to help for the time being. I took a couple of weeks out to see if it helped symptoms but of course it hasn't I was just hoping for a miracle.

Basically I migrated to UC about a month ago in the middle of all this happening as I'd been in receipt of Carer's Allowance but not working for this reason so received some housing and CT benefit. The GP who has been supporting me throughout my health issues issued a fit note to cover a month for the time being. I notified UC of a change of circumstances with my health and issued the fit note which was accepted. The adviser then said she'll be sending a form UC50? I also advised them I'm no longer carer for my mum so did everything I was meant to.

About an hour later I received two appointments. One for a commitment review in a week's time and another for a Work Focused Interview in about 2 weeks. I questioned this as I'm not fit for work and only been signed off 1 day but a different adviser said it doesn't matter basically I still have to go even if I submitted a fit note to review my condition. I said to her I'm too unwell to attend and also I can't drive and my mobility is poor so can I request a telephone or video call (I don't have a wheelchair yet as this is all a big change for me and I'm hoping not to have to resort to that). She said if someone can take me there are disabled bays and she can arrange for a ground floor appointment but subsequent appointments may be a combination of face to face and over the phone. I said I understand about the bays but going to the appointment is going to be very tiring and painful for me due to my conditions and CFS and I'll also need someone with me too because my legs are unstable and I've lost my confidence. She said something about finding a quiet room and dismissed my request. I then asked again as I said I don't know if there is anyone who will be able to take me and I'm genuinely struggling. They still haven't replied and seem to be really uncaring and not willing to make adaptions. Then I read online you don't need to attend a Work Focused interview or commitment review until you've completed the UC50 form and had a work capability assessment. Is anyone able to confirm this is correct? Also if it correct do I have rights to have these interviews over the phone? This is really stressing me out on top of all my health worries. If I was fit and healthy I wouldn't have given up caring for my mum it's been a very upsetting situation for myself and her.

Thank you for your time.

poppy123456

As you're no longer a carer then you're treated as a job seeker even with a fit note. A work coach has discretion to either turn off or reduce commitments, some do and others don't.

You can ask for a reasonable adjustment for a telephone appointment because you're unable to attend the appointment in person and they should agree to this. If you get no joy you can put in a complaint that your work coach is being unreasonable.

betty72

Thank you so much I have just found this all so confusing as it's been many years since I claimed sickness benefit. I remember years ago claiming ESA and after 12 weeks of supplying fit notes you're asked to go for an assessment but I was never asked to go for a work focused interview. Since posting this I read you can claim ESA because I will get Class 1 National Insurance contributions instead of Class 3 under UC. Will it mess things up if I claim that too? I understand my UC claim will be reduced but I'm thinking about the NI contributions. Also if I claim ESA will I be classed as currently unfit for work and not as a jobseeker? Apologies and thanks again for your time.

poppy123456

New style ESA is the only ESA possible to claim now and for this you need to have the correct NI contributions. Usually you need to have worked at some point in the previous 2 tax years.

However, as you were claiming carers allowance one of th qualifying conditions is relaxed and rather than look at the previous 2 tax years they will look at any other tax year in your life to see if you qualify through that. You may qualify if you've worked anytime in the past. You can see more information here but it's complicated.

https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

Both New style ESA and UC can be claimed at the same time but the ESA is deducted in full from any UC entitlement.

You can apply for New style ESA and see if you qualify, however, they don't always get the relaxation rule correct.

You will still be treated as a job seeker for UC but they should most definitely agree to a reasonable adjustment and if they don't please do put in a complaint.

betty72

Thank you I have checked on the my Gov UK account and my NI contributions have been covered during my period as carer and I worked prior to that since leaving school except a break when I had my kids. I will definitely put in a complaint if they don't make a reasonable adjustment. Thanks again for your advice.