- Posts: 1
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- UC claim review summary, Fit notes and WCA
× Members
UC claim review summary, Fit notes and WCA
- VMC2024
- Topic Author
- Offline
Less More
8 hours 47 minutes ago #315831 by VMC2024
UC claim review summary, Fit notes and WCA was created by VMC2024
Hi everyone,
Hope you are doing as well as possible. I have the following queries:
1.
Just had a UC claim review (Monday 05/10), where they asked for 4 months of bank statements and tenancy agreement/letter + utility bill. As part of the questions asked, one of them was "Do you have anyone living with you?", to which I replied myself, my husband and my two sons, then was asked "How old are your sons?", I said they're both over 25. Thankfully all went well, and they confirmed that there won't be any change to the amount I receive at this time. However, in the summary of the review, it says "You do have dependant children", and I would like to ask what does this mean and if they made a mistake by referring to my adult sons as dependent children. My understanding is that a dependant child, among other things, must be under 25 and both my sons are over 25 but I may be wrong? I am thinking of writing a message in the journal to clarify they are adult sons living with us but want to ask for more advice here before I do. (You will read below more details about a claim review I had in 2024, and I should add here that my sons had been identified in my claim and there was an amount of money being taken off for: "2 adults living with you who are expected to pay towards the rent")
2.
My husband has been suffering from severe social anxiety, and a couple of physical health conditions and has been unable to work, for over 3 years we have been submitting fit notes issued by the GP. Recently the GP explained that they wouldn't be able to give any more fit notes to my husband saying he was not fit for work because of the new system, so the last fit note they passed said he may be fit for work after 12 October. However, his medical situation has not changed, he continues in medical treatment, undergoing psychotherapy fortnightly and is unable to do any amount of work related activities due to his severe condition. Do you know if he should try and get a fit note from another doctor or are they not accepting fit notes at all any more, what is the process now?
3.
We had a claim review in April 2024 and at the time we got a message on the journal saying my husband wasn't entitled to a WCA because of his earnings. I didn't understand why they sent this since we just followed the claim review process and had not asked for anything, but I didn't challenge it at the time. Recently, I did some searching online and came across information that points to the possibility of them having made a mistake since he never had any earnings from the beginning of our UC claim, I'm the only one working. It seems he should have been referred to have a WCA 3 months after the first fit note was submitted. Additionally, my husband was found entitled to receive PIP for his medical conditions in July 2025, which I informed in the journal and asked if there was any action we needed to do and they responded there was no action as that information would come across from PIP to UC. I believe this may have been another missed opportunity for them to refer him to a WCA. My question is - am I right in thinking my husband should be referred to an WCA, in the view that his medical situation has not changed, he suffers from ongoing severe social anxiety, receives PIP and has continuously provided fit notes, and how do I raise this issue in the journal?
Thanking you all in advance for all the help you can provide me with these matters
Kind regards
Maria
Hope you are doing as well as possible. I have the following queries:
1.
Just had a UC claim review (Monday 05/10), where they asked for 4 months of bank statements and tenancy agreement/letter + utility bill. As part of the questions asked, one of them was "Do you have anyone living with you?", to which I replied myself, my husband and my two sons, then was asked "How old are your sons?", I said they're both over 25. Thankfully all went well, and they confirmed that there won't be any change to the amount I receive at this time. However, in the summary of the review, it says "You do have dependant children", and I would like to ask what does this mean and if they made a mistake by referring to my adult sons as dependent children. My understanding is that a dependant child, among other things, must be under 25 and both my sons are over 25 but I may be wrong? I am thinking of writing a message in the journal to clarify they are adult sons living with us but want to ask for more advice here before I do. (You will read below more details about a claim review I had in 2024, and I should add here that my sons had been identified in my claim and there was an amount of money being taken off for: "2 adults living with you who are expected to pay towards the rent")
2.
My husband has been suffering from severe social anxiety, and a couple of physical health conditions and has been unable to work, for over 3 years we have been submitting fit notes issued by the GP. Recently the GP explained that they wouldn't be able to give any more fit notes to my husband saying he was not fit for work because of the new system, so the last fit note they passed said he may be fit for work after 12 October. However, his medical situation has not changed, he continues in medical treatment, undergoing psychotherapy fortnightly and is unable to do any amount of work related activities due to his severe condition. Do you know if he should try and get a fit note from another doctor or are they not accepting fit notes at all any more, what is the process now?
3.
We had a claim review in April 2024 and at the time we got a message on the journal saying my husband wasn't entitled to a WCA because of his earnings. I didn't understand why they sent this since we just followed the claim review process and had not asked for anything, but I didn't challenge it at the time. Recently, I did some searching online and came across information that points to the possibility of them having made a mistake since he never had any earnings from the beginning of our UC claim, I'm the only one working. It seems he should have been referred to have a WCA 3 months after the first fit note was submitted. Additionally, my husband was found entitled to receive PIP for his medical conditions in July 2025, which I informed in the journal and asked if there was any action we needed to do and they responded there was no action as that information would come across from PIP to UC. I believe this may have been another missed opportunity for them to refer him to a WCA. My question is - am I right in thinking my husband should be referred to an WCA, in the view that his medical situation has not changed, he suffers from ongoing severe social anxiety, receives PIP and has continuously provided fit notes, and how do I raise this issue in the journal?
Thanking you all in advance for all the help you can provide me with these matters
Kind regards
Maria
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 4195
4 hours 16 minutes ago #315833 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC claim review summary, Fit notes and WCA
Hi Maria
It is not possible for your sons according to DWP rules to be your dependents after the age of 20.
As far as there being a limit on the total duration of a series of Fit Notes, I am not familiar with this. It looks as if there has been a misunderstanding. I would phone the surgery and ask to speak to the practice manager.
Here are the UC regs regarding employment and the WCA:
"2) If the claimant has [F5monthly] earnings that are equal to or exceed the relevant threshold, the Secretary of State may not carry out an assessment under this Part unless—
(a)the claimant is entitled to attendance allowance [F6, pension age disability payment], disability living allowance [F7, Scottish adult disability living allowance] [F8, child disability payment] [F9, adult disability payment] or personal independence payment; or
(b)the assessment is for the purposes of reviewing a previous determination
[F10(i)]that a claimant has limited capability for work or for work and work-related activity that was made on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations [F11, or
(ii)that a claimant is a severe conditions criteria claimant made on the basis of an assessment under this Part,]
and, in a case where [F12an assessment for the purposes of determining whether a claimant has limited capability for work and work-related activity may not] be carried out by virtue of this paragraph, the claimant is to be treated as not having limited capability for work unless they are treated as having limited capability for work or for work and work-related activity by virtue of regulation 39(6) or 40(5)."
It is his earnings not yours that are assessed. He should have been sent the UC50 form as a precursor to the WCA after only 30 days of Fit Notes.
You may need help in sorting out this mess. Is there a local Citizens Advice or similar organisation you could approach?
Let us know how you get on.
David
It is not possible for your sons according to DWP rules to be your dependents after the age of 20.
As far as there being a limit on the total duration of a series of Fit Notes, I am not familiar with this. It looks as if there has been a misunderstanding. I would phone the surgery and ask to speak to the practice manager.
Here are the UC regs regarding employment and the WCA:
"2) If the claimant has [F5monthly] earnings that are equal to or exceed the relevant threshold, the Secretary of State may not carry out an assessment under this Part unless—
(a)the claimant is entitled to attendance allowance [F6, pension age disability payment], disability living allowance [F7, Scottish adult disability living allowance] [F8, child disability payment] [F9, adult disability payment] or personal independence payment; or
(b)the assessment is for the purposes of reviewing a previous determination
[F10(i)]that a claimant has limited capability for work or for work and work-related activity that was made on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations [F11, or
(ii)that a claimant is a severe conditions criteria claimant made on the basis of an assessment under this Part,]
and, in a case where [F12an assessment for the purposes of determining whether a claimant has limited capability for work and work-related activity may not] be carried out by virtue of this paragraph, the claimant is to be treated as not having limited capability for work unless they are treated as having limited capability for work or for work and work-related activity by virtue of regulation 39(6) or 40(5)."
It is his earnings not yours that are assessed. He should have been sent the UC50 form as a precursor to the WCA after only 30 days of Fit Notes.
You may need help in sorting out this mess. Is there a local Citizens Advice or similar organisation you could approach?
Let us know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator