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Worried about UC50/WCA and PIP

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11 months 1 week ago #284612 by FlowerPot82
Worried about UC50/WCA and PIP was created by FlowerPot82
Hello :)

I applied for UC and have had my first payment (07.10.23). I advised DWP that I was not fit to work. I currently receive PIP. I’m pretty sure that everything in my UC50 (which I have not posted yet) would support the criteria that were used for my current PIP award. But of course, I am aware there is a risk they could cross reference and use anything against me which is causing great distress.

I am absolutely terrified of an impending WCA assessment. I have no one to accompany me. I know already that if I attend alone, it will be used against me. My claim is based predominantly on mental health grounds and some physical.

I felt it might be worth taking the pressure off by cancelling my UC claim and preserving my PIP for now. I have been considering other scenarios and wondered if I could be advised on the following if perhaps anyone has had such experiences:

1. I don’t send the UC50 form at all and DWP deemed me fit for work. The Citizens Advice advisor suggested that so long as I am still sending in fit notes to the job centre from my GP, my job coach would likely be sensible enough to take my circumstances into account in our meetings and not pressure me. Would this affect my PIP if I decided to do this? Does anyone have any experience of this?

2. I do send the UC50 form in now, but if, closer to the WCA date, I really am far too unwell to attend and I cancel my UC claim (for example in a few weeks from now, meaning I would get my next UC payment 07.11.23). Might there be any repercussions for this, such as my UC50 form still being used by DWP? Would this trigger anything regarding my PIP? Would there be any issues with my previous 2 UC payments? Would they want the money back (or can they do that)? Or perhaps I didn’t cancel my UC but did not attend the WCA and would have the same outcome as my first scenario (i.e., placed in the fit-for-work category but having fit notes).

3. I cancel my UC claim now and reapply perhaps in a month or 2. Would this have any effect on my first UC payment? If I started a new UC claim e.g., in a month from now would all my details still be on the system? As before, might this trigger anything regarding my PIP claim?

I am currently on a waiting list to have a mental health support worker through a mental health charity (I don’t know how long this will take but hopefully soon). Since I don’t really have any robust mental health support at present, I thought it might be worth postponing what I am doing now and ‘restart’ the process in a month or 2 hopefully with more support in place to help protect my health. On the other hand, the thought of going through all of this again is nauseating and the support might end up not suiting my needs. I don't expect advice on this, I wanted to add it in to add some context.

I hope this makes sense. Any advice is appreciated.

Thank you.

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11 months 1 week ago #284625 by Gary
Replied by Gary on topic Worried about UC50/WCA and PIP
Hi FlowerPot82

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

I fully understand your dilemma, I will try and allay your fears.

Firstly PIP is independant from WCA, the descriptors are different although a couple may overlap.

Secondly, the majority of assessments done nowadays are over the telephone, there are still some face to face assessments and paper assessments. If you are offered a face to face, you can contact the assessor and try and rearrange for a different type.

When you apply for UC you see a workcoach, based on your situation you sign a claimant commitment.

The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.

People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances  where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis), or, From 15 February 2022 people with a terminal illness and less than 6 months to live were also excluded, and from 4 April 2023 this was extended to 12 months.

There are 4 conditionality groups:

* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements

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

You do not need supporting evidence when you apply, quite often claimants are waiting for an appointment to see a specialist, you just need to explain your condition and waiting for an appointment.

When you get close to an assessment and you are not very well you can contact the assessor and re-schedule the appointment. If you have a telephone appointment try and keep the appointment even if you are not well, quite often we hear from members when they get their assessors report, it states they did not sound stressed, so use your condition to your advantage.

If you cancel your UC claim, it will not affect your PIP, when you apply for UC again you will have to start from the begining. I would advise you to seek help from your local Welfare Rights Organisation before you do anything; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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

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11 months 1 week ago #284631 by FlowerPot82
Replied by FlowerPot82 on topic Worried about UC50/WCA and PIP
Hi Gary - that's great and thank you for the advice. That has eased my concerns a little with regard to PIP.
The following user(s) said Thank You: Chris

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11 months 1 week ago #284640 by Chris
Replied by Chris on topic Worried about UC50/WCA and PIP
Hi Flowerpot82,

Pleased to hear that Gary's information helped you - they're so knowledgeable and helpful the mods are. :)

Regards, Chris.

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