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Confused by UC

cazza62cazza62 Member Posts: 60 Courageous
edited August 2019 in Universal Credit
Hi just been reading a couple of post regarding UC I am now claiming ESA and in support group been told by  ESA I don't need to provide fit notes anymore ,however I still have to go to UC meetings and provide fit notes to them 
UC have said that my health assessment  as not been uploaded onto my UC journal but my health assessment was done in june this year and UC have made another appointment for September to see them again   ant advice would be appreciated
thank you  

Replies

  • Joanne_ScopeJoanne_Scope Scope helpline, Scope adviser Posts: 190 Pioneering
    Hi @cazza62,

    UC is definitely confusing!

    I assume that you are on contribution-based ESA and that you are claiming UC to top this up?
    Conts- based or New Style ESA is a separate benefit to UC and has different rules. This is why, unfortunately, they are saying different things. 
    Are you currently in the LCWRA group for UC? Is that the assessment that was done in June?
    Sorry to ask you so many questions, I just want to be able to give you the best advice I can!


    Joanne 
    Scope
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    cazza62cazza62,

    The rules on limited capability for work and limited capability for work-related activity (LCWRA) are very similar in UC and ESA - similar enough that once you have a decision, which you do, that you have LCWRA (this is the same as being in the support group for ESA), that should be applied to your UC.

    That means that you should get extra money in your UC (with backdating), that you don't have to supply fit notes and that you don't have to go to UC meetings. Unfortunately, it doesn't necessarily mean that UC can't assess you again, but I would certainly aim to get your extra money and ensure you don't have to go to work-focused interviews in the meantime.

    The UC regulations say that you have LCWRA whether you've been assessed under the UC regulations themselves or under the ESA regulations. It doesn't matter. I'd suggest going back to UC and telling them this (it's Reg 40(1), UC Regulations 2013 if you need it). Explain that you want your extra money, with backdating.

    You should get the extra money (called the LCWRA element) going back to the date from which ESA say you started being entitled to the support component in ESA (which is likely to be quite a while before the actual June assessment). The law for that, if you need it, is Reg 28(5)(b) UC Regs 2013.

    I'd be hopeful UC will not proceed with the further assessment in September but I'm afraid that as long as they insist on sick notes, meetings and the September appointment it is best to go along with all of that, to ensure you don't lose out. However, I'd be sure to write in your journal why this isn't correct, and in particular that you should get the extra money, not have to supply sick notes, and not have to go to interviews, but that you will continue to comply and consider complaining if it doesn't get sorted out soon.

    Another source you might find helpful to quote to UC is the Advice for Decision Making guidance. The reference is ADM G3002. That says:

    'A claimant has LCWRA where it is determined that they have LCWRA on the basis of the WCA, whether for the purposes of UC or ESA'   

    So your June assessment applies to UC as well as to ESA. The fact that the assessment hasn't been uploaded yet isn't good enough and if the situation goes on for too much longer I'd consider a complaint (especially given that you're having to get sick notes, attend the jobcentre & have the stress of the potential assessment). If you have any extra expense as a result (eg fares to the jobcentre) keep a note of them and add them to the complaint (ie stating that you want to be compensated).

    The only thing on which I can't give you total reassurance is the reassessment, as UC do have the power to reassess you at any time, but I hope that once the result of the ESA assessment is passed over to UC, they will see that it is a complete waste of resources to assess you again only a few months later. Fingers crossed!

    It is ironic that a computer-based system doesn't interact smoothly with other parts of DWP, but unfortunately, it doesn't; as with other benefits, different bits of DWP don't communicate with each other very well. I hope it is soon sorted out and that the guidance above is useful.

    Will


    The Benefits Training Co:
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    Michael Chambers
    Will Hadwen
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    David Stickland
  • cazza62cazza62 Member Posts: 60 Courageous
    @thebeniftstrainingco thank you will that's info is most helpful
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