Confused On UC

Hi Tina

Your work related commitments will depend on the outcome of the work capability assessment. It is only people who have a "limited capability for work related activity" who are not required to complete "work related activity" (sometimes known as work preparation) which can include voluntary work. It is usually characterised in Employment and Support Allowance as being in the Support Group and it would appear that you have not received this outcome. It may be that you failed both parts of the test (which would make you available for work) or that you passed the first part only which would make you available for work related activity. Work related activity is about getting ready for work for a point in the future when your condition has changed, but it does not include work whilst your condition is the same. You should consider challenging the decision of course as many decisions are changed on appeal but in the mean time it is likely that you will have to complete work related activity (and possible look for work) which could include voluntary work. But if you are affected by a disability the Jobcentre should make reasonable adjustments and it is worth checking this.

Voluntary work should not be evidence of one's ability to work and if this was part of the decision maker's reasoning i would suggest you ask for a mandatory reconsideration and appeal if necessary.

David

HI,

I'm assuming you mean a WCA rather than a WPA? You need to ask your case manger to refer you for this. Once this is done you'll be sent a work capability assessment form.

I see your Tribunal decision went against you because you were volunteering for work. This can happen, especially if the work you do contradicts the reasons why you're claiming for Limited capability for work.