Work capability

jac1poppy2
jac1poppy2 Online Community Member Posts: 57 Connected
Guys I've had my results in from a wca from DWP I'm fit to return to my lollypop job even though I'm on mobility scooter and as a carer new rules in you are to be allocated to work coach you do have to be actively seek work as when you get a job you have to nominate a friend or relative to care for the person who you are caring I got told all this at assesment I had two weeks ago just warning you guys this is from the government as being in mobility scooter and wheel chair does not affect me and I can work well I'm taking it further told them about my sick note they said it is now NOT deemed legal document 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited February 2024
    You can request a Mandatory Reconsideration of the decision to find you fit for work. 

    as a carer new rules in you are to be allocated to work coach you do have to be actively seek work as when you get a job you have to nominate a friend or relative to care for the person who you are caring I got told all this at assesment
    That's absolutely not correct. There's no new rules for carers claiming either carers allowance or carers element of UC. The rules are as they've always been, you have no work commitments as a carer. You are not expected to attend appointments or look for work. https://www.entitledto.co.uk/help/claimant-commitment-universal-credit

    Group 1. No work related requirements

    • People who have a limited capability for work related activity because of health or disability (the equivalent in Universal Credit of the support group for ESA)
    • Lone parents with a child under one
    • The lead carer of a child in couple with a child under one (the other member of the couple will be placed into their own group)
    • Adopters who have had a child placed with them within the last 12 months (you can ask that the 12 months begin up to 14 days before the placement)
    • Foster carers responsible for a child aged under one
    • Carers with regular and substantial caring responsibilities, ie 35 hours or more a week, for a severely disabled person

    well I'm taking it further told them about my sick note they said it is now NOT deemed legal document 
    That is actually correct. A fit note isn't evidence or proof that you have limited capability for work. 
  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 4,164 Championing

    But it was evidence of 'incapacity for work'

  • jac1poppy2
    jac1poppy2 Online Community Member Posts: 57 Connected
    No it was for capability to work as far as there concern I'm fit in a wheel chair to cross children in the road while holding a lolly pop stick as my disability it deemed not enough to stay of work I told them that I'm a carer they the health professional said it's not enough I'm to resume work with immediate effect as I'm not bad to stay off 

    Only warning people on here as it could happen to them like to me now reduced our UC to 86 a month to live on as we've both been sanctioned as not done work ethics 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    For the work capability assessment, it's about the work you can do, which means any type of work, not just the work you used to do.

    Why were you sanctioned? as a carer you shouldn't be sanctioned. 

    In your previous thread about 1 month ago I asked if your UC included the carers element and you didn't answer me. The carers allowance is just deducted in full from UC

    I see you're claiming UC with your partner. Have they been through the work capability assessment? 

    If your PIP includes the daily living part then your partner can claim carers element for looking after you, 
  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    Hello @jac1poppy2. This all sounds very stressful and I really want to get you the right help. There are a few options I'm thinking of, but I'd like to understand more about your claim. That way I can understand what might have happened here and get you the best possible help.

    I hope it's okay for me to ask you a few questions?

    Do you still receive Carer Allowance? Has your husband had a Work Capability Assessment yet? 
  • jac1poppy2
    jac1poppy2 Online Community Member Posts: 57 Connected
    I receive carer allowance but the work capability for me not my husband. My husband not had work assessment at all 
  • jac1poppy2
    jac1poppy2 Online Community Member Posts: 57 Connected
    But was sanctioned as my form they said got there late I posted special delivery so had be there by 1 pm following day but as they took 2 weeks to open it they told DWP to sanction our pay when I had the work assessment the health people said got no reason why I can't resume my job as my job can be sat down 
  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    Hi again @jac1poppy2.
    When you say you've been sanctioned, how does show on your UC statement? Is it in the deductions section at the end? I just want to make sure I’ve understood because some people use sanction to mean different things

    Is Carer’s Allowance still being deducted from your total Universal Credit award and does that show on your statements from UC each month?

  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    So for example, the sanction might show as a deduction on your statement like this (amount will probably be different)


  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    And the Carer's Allowance deduction would show like this (amounts will be different)


  • jac1poppy2
    jac1poppy2 Online Community Member Posts: 57 Connected
    Like that we had 0 UC reason was my letter for work capability form was late had to be in by 23rd  I had it 3 rd January was sent next day special delivery they had received and signed it but they informed DWP that they never got it sanctioned us as I never sent the letter which I did cause they opened it late we had nothing for whole month and not got an apology either from them 
  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    Not receiving the work capability form back in time isn't a reason for sanction or something they can sanction someone's UC for, so I'm concerned they may have applied that incorrectly. 
    Do you still have access to your statement for that month?
  • jac1poppy2
    jac1poppy2 Online Community Member Posts: 57 Connected
    No we have to phone them as we don't have internet if we use our mobile data it use all up 
  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    Do they not send you out printed versions @jac1poppy2?