Hi, my name is Lostatsea! Challenging DWP decision

Lostatsea
Lostatsea Community member Posts: 15 Listener
edited June 2022 in Start here and say hello!
Hello community, it has been

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  • Lostatsea
    Lostatsea Community member Posts: 15 Listener
    Hello community, it has been very informative reading your site. Below is my situation.

    Mandated to WHP whilst on a sick note

    So, hi. Before the pandemic I was self employed on a very low income(self managing depression/anxiety and physical pain) and not claiming/eligable for UC due to the MIF. I signed on for UC at the start of lockdown. I was treated well as the MIF was suspended for around 16 months, so I stayed on UC as self employed and declared any earned income. Come the end of 2021 it was clear my health, physical and mental had declined, so I ceased been self employed, registered as unemployed and got a fit note from the gp, then sent off a UC50 in January(no news). I have been on the fit note since and have been attending fortnightly WFI/WSR meetings.

    The trouble has started when I got transfered to a closer JCP last week. The new office has mandated me to WHP core, to which I said I am not eligable as I have not been in the intensive work search group for two years, I have been self employed( the nation was told to stay home, so how does that count as normal IWSR period) and then sick for 6 months. I was told I had been in IWSR for two years, so hence the mandate. Also I said, in the DWP training manuals for UC that: a claimant should not be mandated for WHP whilst awaiting a decision on health assement when the condition DOES affect the type of work the claimant can do, which mine do.

    I feel like I am been railroaded into this, my anxiety is high and my depression is worse. I feel I need to stand upto them and ask for a mandatory reconsideration( the system clearly does not account for the lockdown periods or the MIF been suspended) but my first WHP meeting is on monday.


  • janer1967
    janer1967 Community member Posts: 21,922 Championing
    Hi there 

    You seem to be having some difficulty posting as you have started the same post numerous times without completing everything you are trying to say 

    Is there anything we can do to help
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,925 Championing
    Welcome to Scope's forum @Lostatsea. It is great to see you have joined us. How are you today? I hope you are well but if you need anything, we are all here for you  :)
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,925 Championing
    Hello @Lostatsea. I have just responded to one of your other threads. Please do let us know if we can do anything to help you settle in! Look forward to seeing you around on the forum  :)
  • Lostatsea
    Lostatsea Community member Posts: 15 Listener
    edited June 2022
    Mandated to WHP whilst on a sick noteHello Janer1967 , Sorry if this is a duplicate and for the font size, I was trying to gain advice on challenging the DWP.
    The trouble has started when I got transfered to a closer JCP last week. The new office has mandated me to WHP core, to which I said I am not eligable as I have not been in the intensive work search group for two years, I have been self employed( the nation was told to stay home, so how does that count as normal IWSR period) and then sick for 6 months. I was told I had been in IWSR for two years, so hence the mandate. Also I said, in the DWP training manuals for UC that: a claimant should not be mandated for WHP whilst awaiting a decision on health assement when the condition DOES affect the type of work the claimant can do, which mine do.
    So, hi. Before the pandemic I was self employed on a very low income(self managing depression/anxiety and physical pain) and not claiming/eligable for UC due to the MIF. I signed on for UC at the start of lockdown. I was treated well as the MIF was suspended for around 16 months, so I stayed on UC as self employed and declared any earned income. Come the end of 2021 it was clear my health, physical and mental had declined, so I ceased been self employed, registered as unemployed and got a fit note from the gp, then sent off a UC50 in January(no news). I have been on the fit note since and have been attending fortnightly WFI/WSR meetings.
    I feel like I am been railroaded into this, my anxiety is high and my depression is worse. I feel I need to stand upto them and ask for a mandatory reconsideration( the system clearly does not account for the lockdown periods or the MIF been suspended) but my first WHP meeting is on monday

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    May i ask what WHP is please?
  • Lostatsea
    Lostatsea Community member Posts: 15 Listener
    Hi L-volunteer pleased to meet you, and hi  Poppy, it is the work and health programme.
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Thanks. The WHP is voluntary unless you've been out of work and claiming benefits for 24 months. https://www.gov.uk/work-health-programme
    I'd advise you to speak to your work coach regarding this. For any other work commiments, you're classed as a job seeker when claiming UC until a decision on your work capability assessment says otherwise. It's a work coaches discretion whether they turn off or reduce commiments.


  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,925 Championing
    Hi @Lostatsea. Pleased to meet you too. How are you today? I hope you are well but if you need anything we are all here for you  :)
  • Tori_Scope
    Tori_Scope Scope Posts: 12,443 Championing
    Welcome to the community @Lostatsea :) I've merged your posts into one thread, so that everything is in one place. It looks like you've got the hang of commenting now, but please do let us know if you're unsure about how to use the community, or if you're experiencing any technical difficulties!

    I hope that poppy123456's comment has helped. Please do let us know if you have any further questions. 

    I was sorry to read that your depression and anxiety have worsened lately. Are you receiving any support to help you manage your mental health at the moment?
  • Lostatsea
    Lostatsea Community member Posts: 15 Listener
    Hi Tori, yes thanks, I am am getting help through IAPT.  Poppys answer is not definitive, as I knew it was mandatory after 24months  and voluntary prior.  So dispite the mandatory stay at home lockdown period and the six months on sick, the whole period is being classed as intensive work search period?? And dispite awaiting a decision that DOES affect my ability to work, I should still be mandated.
    That does not match to this

    " Intensive Work Search - for those who are able 
    to work, but are either not working at the 
    moment or are in work but earning low 
    amounts below the Administrative Earnings 
    Threshold. They are expected to take intensive 
    action to secure work or more work attending 
    regular Work-Focused Interviews, attending 
    Work Search Reviews (at least fortnightly) and 
    undertaking work preparation, work search and 
    other work-related activities. 
    Conditionality group is 'All Work-Related 
    Requirements'.  "

    Side note: For a large period I had zero hours of commitments, so the administrative earnings threshold would have been zero(hours x min wage), so my earnings where not below the AET.
    Also I know my WC has to disregard my health assesment in terms of result(as not in yet) but surely being on a sick note should class me as NOT able to work, so not a qualifying period for IWSR.

    So in regard to the below, I must still be classed as in the IWSR; dispite been on a sick note for 6 months! Is that why my work coach removed my sick note reporting requirement before getting me to agree to new commitments, or am I paranoid

    Long Term Unemployed (LTU) Participants

    14. Participants will be deemed to be LTU when they reach the following point in their benefit claim:

    • JSA Participants at 24 months including linking periods
    • UC Participants who start in the Intensive Work Search Regime (IWSR) and are in the IWSR when they reach 24 months discounting change of circumstances within the 24 month period.
    I appologise for this been messy, I am just coming down with a nasty cold so a bit confused.







  • calcotti
    calcotti Community member Posts: 10,005 Championing
    Lostatsea said:..but surely being on a sick note should class me as NOT able to work
    For UC it doesn't do that, legally you are treated as a jobseeker until the WCA decision has been made. However the WC has discretion to turn off any work related requirements.
  • Tori_Scope
    Tori_Scope Scope Posts: 12,443 Championing
    I'm glad that you're getting some support through the IAPT service @Lostatsea :) Have you been finding it helpful? 
  • Lostatsea
    Lostatsea Community member Posts: 15 Listener
    I found healthy minds helpful at the time. I am now struggling with silver cloud, I find it difficult and seems aimed at lower/shorter term depression so not the deep long term type.

    I am still stumped as too how I have mandated by been classed as being in the IWSR group from the start of my claim , when for the first year I was self employed with no JCP contact for a year and no MIF in place. That does not sound like the conditionality of the IWSR.
  • Lostatsea
    Lostatsea Community member Posts: 15 Listener
    I think I now understand claimant commitment groups more clearley now. So I am in IWSR as not officially in any other group, for some reason I had felt self employed was not in the  IWSR.
    Thank you for your help.
  • Tori_Scope
    Tori_Scope Scope Posts: 12,443 Championing
    I found healthy minds helpful at the time. I am now struggling with silver cloud, I find it difficult and seems aimed at lower/shorter term depression so not the deep long term type.
    Have you told them that you don't feels as though the treatment you're receiving is as effective as it could be @Lostatsea? 

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