Hi, my name is Lostatsea! Challenging DWP decision

Lostatsea

Hello community, it has been

Lostatsea

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

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

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

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

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

May i ask what WHP is please?

Lostatsea

Hi L-volunteer pleased to meet you, and hi  Poppy, it is the work and health programme.

poppy123456

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

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

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

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

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

I'm glad that you're getting some support through the IAPT service @Lostatsea Have you been finding it helpful? 

Lostatsea

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

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.

https://www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit

Thank you for your help.

Tori_Scope

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?