DWP being needlessly difficult.

dantelloyd

I am currently having trouble with Universal Credit in the fact that despite my having a doctor's note they are refusing to accept that I have limited capacity for work.

I am also self-employed and wasn't able to make a profit during my first year due to the pandemic and the lack of availible client work in my previous home, so I moved to Surrey and was able to find a client. My work coach is insisting that I declare myself unemployed due to not making a profit in the last month (my client isn't due to pay me until the end of this month). I can't in my right mind declare myself unemployed when I am currently undertaking self-employed work as I would be lying to the DWP.

Further to this, my work coach is kicking up a fuss that my fit note states that I am not able to work, when I am taking on a single client for my self-employed work. I tried to get the doctor to state limited capacity for work to avoid this but they did not listen. I do not think it is fair to be punished for working when I am able to.

To make matters worse, they owe me £550 in backpayments due to an issue with their forms when I was reporting a change of house. Long story short, I made it clear that the full rent was £1000 and that I am living with a housemate, but because I didn't type £500 somewhere they didn't pay my housing element for that month and worked out the previous month based on the rent of my last house that I was no longer living at. They accepted the evidence I provided but don't seem to be doing anything in terms of getting the backpayment to me which has caused me to get into debt with my bank.

I have been advised on the phone to leave a message on my UC Journal and I will quote what I said below:

'I am being asked to declare myself unemployed, which is not the case. I am currently taking on work from a regular client and am due to be paid at the end of the month. To declare myself unemployed will be a lie. It is true that currently I am not gainfully self-employed, however, I moved to Surrey to fix this issue and with the regular £600 I am due to recieve this should soon not be the case. I am not currently gainfully self-employed as I haven't recieved my first payment from the client, however, I am self-employed.

I was advised on the phone that I was right in declaring the expenses during the month in which I had to pay them, as just because I haven't recieved payment for my work as of yet does not negate the fact that I have had to spend money to complete the work.

In regards to my fit-note, my doctor has advised me that on account of my issues, I am not fit for work. I am trying, however, to do what work I can when I am able to do it. It should not be a case of 'I am either able to work full time or not at all' as this is not how my illness works. When I am able to work, I am making the effort to do so and I should not recieve backlash for doing this.

I am working on getting to a state where my illness does not affect my ability to work full time, however, the treatment I have recieved from the jobcentre has had a detrimental effect on this. A department designed to get me into work should not be getting in the way of my ability to do so.

I would like to be switched to a different work coach for the sake of my mental health, as I would like it to improve and not get worse which is happening as a result of today's appointment.

My deadline for the work I am doing for my client is tomorrow, and instead of working on it, I am having to deal with this situation and the increasing anxiety brought on by it. If I do not complete the work, I don't get paid. If I don't get paid, I have an increased reliance on Universal Credit. I would have assumed it would be in the interest of the DWP that my reliance on Universal Credit be reduced not left to stagnate.

Further to all this, I am still owed £500 from May's UC payment and £50 from Aprils and I am currently in debt as a result of this. Can I please recieve an update on when this will be sorted.'

I am very heavilly considering looking into bringing up an indirect discrimination case against the DWP, as I feel my treatment has been extremely unfair.

Can anyone advise me on anything else I can do to sort this mess out?

Thanks in advance.

poppy123456

If you haven't yet been assessed as having limited capability for work then a fit note doesn't prove this and is not evidence that you do have limited capability for work. Until a decision's been made on the WCA then you are classed as a job seeker.

Have you been referred for the work capability assessment yet?

When you're self employed you report earnings and expenses on the last day of your assessment period. Earnings received during your assessment period is what counts for UC and not when you actually do the work.

There's information here regarding self employed and UC. https://www.gov.uk/government/publications/universal-credit-and-self-employment-quick-guide/universal-credit-and-self-employment-quick-guide

dantelloyd

I was given a form to fill in for the assessment but due to my dyslexia, it's a bit a bit of a struggle to fill it in. In terms of expenses, my work coach kicked up a fuss about me reporting my May expenses, stating that I should not have expenses if I haven't made any money, which is one of the stupidest things I have ever heard.

calcotti

dantelloyd said:..my work coach kicked up a fuss about me reporting my May expenses, stating that I should not have expenses if I haven't made any money, which is one of the stupidest things I have ever heard.

I'd have to agree with that!