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UC confusion
- J
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2 months 1 week ago #294665 by J
UC confusion was created by J
I’m in a bit of a muddle with my UC claim so I hope this make’s sense!
I received a migration notice in may and at the time was receiving income
Support with added carers, disabled child and severe disability payment for myself, child tax credits, DLA, PIP and carers allowance. My UC claim has all gone through ok and is being paid as it should with a good chunk of it being transitional protection.
As I am disabled UC asked me to submit fit notes which is not a problem, they now want to assess my capacity for work. I’m confused as I doubt the extra payments would even cover my transitional protection and I really cannot handle the stress of yet more assessments (just did pip a few months ago). I’ve submitted the claim form and have a tel assessment at the weekend which I really would rather not go through the stress of if it’s not going to make any difference or potentially make me loose the transitional protection.
Anyone have any idea if it’s worth doing or could I just cancel the assessment?
Thanks
I received a migration notice in may and at the time was receiving income
Support with added carers, disabled child and severe disability payment for myself, child tax credits, DLA, PIP and carers allowance. My UC claim has all gone through ok and is being paid as it should with a good chunk of it being transitional protection.
As I am disabled UC asked me to submit fit notes which is not a problem, they now want to assess my capacity for work. I’m confused as I doubt the extra payments would even cover my transitional protection and I really cannot handle the stress of yet more assessments (just did pip a few months ago). I’ve submitted the claim form and have a tel assessment at the weekend which I really would rather not go through the stress of if it’s not going to make any difference or potentially make me loose the transitional protection.
Anyone have any idea if it’s worth doing or could I just cancel the assessment?
Thanks
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- Gary
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2 months 1 week ago #294711 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC confusion
Hi J
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.
As you were in receipt of Income Support when you apply for UC and hand in a fit note that starts your assessment phase, the assessment phase lasts for 13 weeks, this means that if you are successful, LCWRA will be backdated to the 14th week of your claim.
If you are placed in the LCWRA group then you are placed in Group 1.
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
Gary
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.
As you were in receipt of Income Support when you apply for UC and hand in a fit note that starts your assessment phase, the assessment phase lasts for 13 weeks, this means that if you are successful, LCWRA will be backdated to the 14th week of your claim.
If you are placed in the LCWRA group then you are placed in Group 1.
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
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- VIA
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2 months 1 week ago #294714 by VIA
Replied by VIA on topic UC confusion
Hello Gary,
Thank you for your input.
I too have received a migration notice to UC.
I have not started it yet.
I am on ESA Support group, Child benefit, child tax credit, housing benefit and PIP.
Am I mistaken, I thought that if migrated to UC from esa support group we should not have to provide fit notes.
If we are asked for fit notes, can we refuse?
If we have to comply with fit notes, do we have to provide them for months, years?
I really appreciate you spending time helping us all.
Best wishes
VIA
Thank you for your input.
I too have received a migration notice to UC.
I have not started it yet.
I am on ESA Support group, Child benefit, child tax credit, housing benefit and PIP.
Am I mistaken, I thought that if migrated to UC from esa support group we should not have to provide fit notes.
If we are asked for fit notes, can we refuse?
If we have to comply with fit notes, do we have to provide them for months, years?
I really appreciate you spending time helping us all.
Best wishes
VIA
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- Gary
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2 months 1 week ago #294741 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC confusion
Hi VIA
If you are in the support group then you should not have to supply a fit note, you should be moved directly on to the LCWRA group.
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
If your workcoach insists that you provide a fit note, ask to speak to their supervisor.
Gary
If you are in the support group then you should not have to supply a fit note, you should be moved directly on to the LCWRA group.
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
If your workcoach insists that you provide a fit note, ask to speak to their supervisor.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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