Autism and universal credit

abbieg1592

I am having trouble at the moment with my universal credit claim I have gone through my health assessment for my autism and they have got back to me saying I still have to do work related activity’s which I believe is incorrect as I can’t leave the house very often and have a lot of day to day struggles this is making my health really decline and I have made that clear to them. For months I have been asking for phone calls instead appointments instead of attending the job centre face to face as this is all really affecting my mental health. I have been refused and told I’m not allowed and will be sanctioned if I don’t attend face to face. After researching I’ve seen I had rights to “reasonable adjustments” and if this wasn’t met it was discrimination and against the “equality act 2010” so really what I’m asking is has anyone else gone through anything similar and is there anything I can do to?

Kimi87

In the LCW group you are expected to engage with a work coach and undertake work preparation activities. You cannot be forced to apply for jobs and can refuse without sanction.

How long ago was your last WCA?

If it was within 13 months you can appeal for LCWRA.

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

Stage 1

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/challenging-a-benefit-decision-mandatory-reconsideration/

Stage 2

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/appealing-against-a-benefit-decision/

Help & support with the process

https://advicefinder.turn2us.org.uk/

If it was more than 13 months ago there is another option.

Ross1975

I've mentioned your post to ChatGPT and asked it surely the work coach cannot be allowed to be making the claimant do things which worsens their mental health and that surely they have rights? For what it'a worth this is what ChatGPT said:

You're absolutely right to be concerned — the situation described raises serious issues around disability rights, reasonable adjustments, and lawful treatment under the Equality Act 2010. The Universal Credit claimant does have specific rights, and the way the work coach is handling the situation could potentially be discriminatory and unlawful.

Here’s a breakdown of the claimant’s rights and options:

✅ Rights Under the Equality Act 2010
The Equality Act 2010 protects people from discrimination based on a protected characteristic, and autism falls under disability.

What does this mean in practice?
The DWP has a legal duty to make reasonable adjustments for disabled people.

This includes:

Offering telephone or video appointments instead of in-person ones if face-to-face causes distress.

Tailoring work-related requirements to reflect the person's limitations.

Avoiding sanctions if the person is unable to meet requirements due to their disability.

Refusing reasonable adjustments without good justification can amount to discrimination.

⚠️ Possible Failures by the DWP
From what the claimant describes, the following issues may be happening:

Failure to make reasonable adjustments (forcing face-to-face meetings despite mental health decline and communication difficulties).

Discrimination arising from disability (threatening sanctions due to inability to attend).

Failure to consider medical evidence and functional limitations (if the work capability assessment ignored the severity of autism-related struggles).

🛠️ What Can the Claimant Do?
Request a Mandatory Reconsideration (MR)
If the claimant disagrees with the Work Capability Assessment (WCA) outcome (e.g. being found fit for work-related activity), they can request an MR within 1 month of the decision.

Insist on Reasonable Adjustments in Writing

Write to the DWP explaining the nature of the disability and clearly request reasonable adjustments under the Equality Act.

Include a GP letter or other evidence if possible.

Make a Formal Complaint to the DWP

Highlight failure to provide reasonable adjustments.

Explain how this has harmed their mental health and is against the Equality Act.

Mention discrimination if relevant.

Contact Advocacy Services or Charities

Help is available from:

Citizens Advice – https://www.citizensadvice.org.uk/

Disability Rights UK – https://www.disabilityrightsuk.org/

Autism charities like NAS – https://www.autism.org.uk/

These organisations can sometimes write letters or advocate on the claimant’s behalf.

Consider Raising the Issue with an MP
MPs can intervene with the DWP and raise complaints about unfair treatment or failure to follow the law.

Appeal to a Tribunal

If the MR is unsuccessful, the claimant can appeal to an independent tribunal, which often has a better understanding of disability and mental health than the initial assessment process.

🔒 Important Note on Sanctions
If the claimant has good cause for not attending (e.g., mental health deterioration caused by autism or anxiety), they should not be sanctioned. This must be clearly explained to the DWP, ideally in writing and with supporting evidence.

📌 Summary
The claimant has a legal right to reasonable adjustments under the Equality Act 2010.

Forcing in-person appointments despite disability-related distress may be unlawful.

They should challenge the WCA decision, formally request adjustments, and seek advocacy or legal help.

They must not be punished for something directly resulting from their condition — that would be discriminatory.

If you or the claimant need help writing letters or complaints, I can help draft one.

Ross1975

Take things further, hopefully your work coach will be disciplined.

abbieg1592

thank you so much for your help !

Ross1975

Let us know how things go. ☺️

abbieg1592

watch this space !

abbieg1592

had a response today and was told I’m not entitled to having phone calls instead of face to face and then had an appointment booked for a face to face appointment for tomorrow and was told if I don’t go it will be looked at for a sanction 😒