ADP impact of UC claim

Ve3

Some advice/guidance required please. (My wife receives ADP.)

Back in May, with nearly zero warning, I lost my job after the head of the company suffered significant mental health issues which impacted the business and resulted in it closing. (Officially I was a self employed contractor, doing self assessment for tax, etc). Since then I've been applying for jobs and we've been living off savings, , selling stuff on ebay to make funds stretch, etc.

Despite getting close a bunch of times it got to the end of November and still no offer of employment. I did pick up some ad-hoc work to top things up over the last 3-4 months (and minimise the CV gap) but was getting concerned about the ever dwindling funds running out and hiring likely being slow over Christmas, etc.

So, I applied for Universal Credit and began that process (it was the benefit suggested as my previously self employed status ruled out other benefits).

Fortunately, just the other day, I received a job offer which I accepted and have signed the contract today. (Woo hoo!) It starts in January so my pay will begin at the end of January. Universal Credit is therefore for a single month/month and a half or so to cover any shortfall between now and then.

Anyway, it was explained to us that it is not the individual who claims, it is the household when it comes to Universal Credit. So my wife also added her details to the claim. She is on another benefit, Adult Disability Payment from the Scottish Government which she moved to as part of the nationwide migration of people from DLA (administered by the DWP). Her award was indefinite as she has long term health issues which will not resolve and stop her from working. She has been on this for about 20 years and throughout that, as well as working, I have been her carer.

Now this claim has sent her into two different streams of requirements:

1. She has a call with the Job Centre for a "First Commitments" interview with a work coach.
2. The Job Centre asked that she get a "fit note" from our GP. We contacted the GP and was told "We are unsure if this requires a sick note or a letter so we need to check with our DWP representative to clarify which. You'll have to have an appointment with the DWP representative". She asked for phone appointment and that was agreed.

On point 2, we queried the validity of needing a "fit note" as my wife is unable to work, is not seeking work. She has too many health issues which impact here daily life and so can't work, hence the indefinite award but we were told by the job centre it was needed.

My understanding is that Scottish people, like my wife, who have been moved to the Adult Disability Payment, managed by Social Security Scotland and who have an indefinite award will not require any assessment/re-assessment, unless there is a change in physical circumstances (e.g. health gets worse).

Our concern is mostly with the 2nd part of process, the DWP involvement via the GP.

Is there any risk to her Adult Disability Payment from going through the DWP interview for the fit note? We are confident she is eligible for the Adult Disability Payment given her major health issues but you hear so many cautionary tales of people being removed or assessed incorrectly and we don't want to end up in that scenario where she might lose the ADP benefit or end up in a broken process. Are there any examples of Adult Disability Payment being removed from someone for applying for Universal Credit? Anything we should be wary of? Also, is it usually a requirement in this scenario to provide a fit note even though everyone knows she can't work?

I'd rather drop out of the UC process and struggle through to the first wage, somehow, rather than risk the ADP long term which would significantly impact my wife but maybe there is no risk?

Trevor_PIP

@Ve3 ADP is a completely separate benefit and it's also non means tested. I have never heard of any claimant receiving UC having issues with their ADP or PIP award. In fact a lot of claimants receiving UC claim ADP or PIP. Your wife's ADP is an indefinite award which in Scotland is indefinite without periodic reviews.

I am no expert on UC, partly why initially did not reply to your thread. There are other members that are. UC is a means tested benefit. The capital limit for UC in the UK is as follows:-
Single Claimants: Maximum capital limit is £16,000.
Joint Claims: Maximum capital limit is £32,000 (for couples).
Capital below £6,000: Ignored and does not affect entitlement.
Capital between £6,000 and £16,000: Treated as providing a monthly income of £4.35 for each £250 over £6,000.
Capital over £16,000: No entitlement to UC. Going over this stops your claim.

You do have to provide sick notes if you cannot work with UC. There are the add on benefits LCW (Limited Capacity for Work) and the higher element LCWRA (Limited Capability for Work and Work Related Activity) which require sick notes. PIP or ADP claimants usually claim LCWRA too. You have to go through a WCA (Work Capability Assessment) to claim these add on benefits. You also need a Claimant Commitment - to get UC you will need to agree with your work coach what activities you can do to prepare or look for work. Your work coach will take into account your health condition or disability when considering what to include in your Claimant Commitment. You will have an online Journal too where the DWP can request bank statements etc and you can contract the DWP. There are further add on benefits as your wife would come under LCWRA so you could claim the Carers Element. You could also claim a separate benefit Carers Allowance as your wife is receiving ADP

I hope that helps and I have probably not mentioned everything, but I suggest if you can manage until your new job - do it and save yourself and your wife a lot of hassle! Another reason is all that I have mentioned will take some time and you are only looking at 1.5 months.

Ve3

https://forum.scope.org.uk/discussion/comment/1090496#Comment_1090496

Thanks, that's reassuring and gives us some thinking to do. I appreciate the effort you put into the response. :)