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UC & Skipping MR process

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4 years 7 months ago #251430 by Gaston20
UC & Skipping MR process was created by Gaston20
Hi guys,
In reference to my other question posted earlier.
I have realised that UC has slightly different rules than esa, meaning you could technically be paid UC whilst waiting on MR/Appeal but I do have a few questions in regards to this.

With thanks
1. If you have a failed wca with UC do you still have to go through the MR process before you appeal or can you bypass MR? And if yes would that mean UC wouldn’t impose‘fit for work’ actions on your claimant commitment?

2. If you fail wca and still receive payment from UC whilst waiting for a decision from either of the above I assume UC deem you fit to work meaning you would have a claiming commitment that means you have to look for work (something esa don’t have to do because they can by pass MR entirely and still receive standard rate whilst appealing) .
I assume it’s down to a work coaches discretion as to how lenient they are with the commitment but not always.
Is there a way around this?

To give you a real life example, I am currently in the process of sending of my daughters UC50 along with extensive evidence inc DR’s letter stating her need for a paper assessment due to her severe agoraphobia of over 10 years (currently hasn’t left the house since jan 2018) and severe social anxiety/depression. (Won’t allow health professionals inside our home to see here).

I have had support via a local organisation and we are hesitantly hopeful she could be assessed via paper but I would like to err on the side of caution and know all potential eventualities.

So for someone like my daughter who if they refused paper and I had to do a telephone assessment for her (another issue as I have to become her appointee which I am unsure as to how I could do this due to her not allowing anyone to see her and they have to do a home visit, do they need to see her? Or just me?)
If the telephone assessment did refuse her wca, then the above 1,2 questions would be a real life scenario for us.
She would be in no fit state to complete any work related activity nor attention work focused interviews whilst waiting on a decision from a MR/Appeal , so I’m at a loss as to how she would survive financially in the intrim.

Just a bit of background;
- She has never had a wca before (she has had previous periods of applying for uc/esa but has always resolved her issues before the wca assessment) or has been so terrified of the assessment that she ends her claim and I have looked after her financially, something that is becoming harder to do.

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4 years 7 months ago #251438 by Gordon
Replied by Gordon on topic UC & Skipping MR process
Gaston

The UTT ruling applies only to ESA and only where the Assessment rate is payable during appeal.

1. Yes, an MR is required.

2. If the claimant fails the WCA then they will be moved to the Work Group, what duties might then be required will be down to the JC+ advisor.

www.gov.uk/become-appointee-for-someone-claiming-benefits

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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