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Universal Credit - appointee?

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6 years 5 months ago #199882 by buster21
Universal Credit - appointee? was created by buster21
Hi Gordon and all,

I live in a full service are for UC.

My 16 year old son will in the not too distant future be making a claim for UC - his first ever benefit claim except for DLA/PIP.

I am his official appointee - he cannot manage his day to day affairs or correspondence.

He will be claiming UC with the hope/expectation of undergoing the WCA and being given either LCW or LCWRA - my hope - as he is oblivious.

My questions are: Can I instigate the initial UC claim for him - what is the process for this - from initial on-line claim and thereafter - in terms of appointees and claimants?

Also, will he have a so called job coach upon claiming UC - before any WCA?

Will he himself (my son) be expected/compelled to agree to a claimant commitment or will that fall on me as his appointee?

Basically, in days gone by, he would be putting in a claim for ESA income related. Obviously, that can no longer happen in my area as from now. Therefore, you would think that these things would have already been thought through - hopefully they have. Do you have any information on these matters as I cannot find anything on any internet sites that I have searched so far?

Many thanks

Buster

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6 years 5 months ago #199895 by Gordon
Replied by Gordon on topic Universal Credit - appointee?
Buster

The first thing you need to check is whether your appointeeship is recognised by the DWP or not? If it is then no problem but if not then you would be advised to sort this out first.

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

I've done several searches and it seems (no great surprise), that the DWP have not really taken this requirement into account for UC!

From what I can find and there is nothing more recent than 2016, you should be able to act on behalf of your son in most requirements, making the claim, completing the forms and answering for him if necessary at an assessment.

Specifically for UC you should be the only person that JC+ contact in regard his claim, the only exception appears in regard to a claimant commitment, you can help define it but it will be your son who must sign it.

A particular area of confusion appears to be how you would interact with JC+, early documents suggest that the appointee would use the claimants online journal but a later document says that all claims with an appointee should only be handled clerically.

The ESA Claim guides and in particular the mental health one cover claiming "ESA" under UC.

Gordon

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

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6 years 5 months ago #199905 by buster21
Replied by buster21 on topic Universal Credit - appointee?
Thank you so much for your reply Gordon. It all seems to be getting rather messy, confusing and ill-thought through - so much for supposedly making claiming and receiving benefits simpler - what a joke!

I am my son's official DWP appointee. Regarding the claimant commitment, he suffers from a cognitive impairment resulting from his learning disability, as well as some communication difficulties, especially with understanding and processing verbal information - in addition to being registered sight impaired - he may well be completely blind in 2 or 3 years time according to his ophthalmologist treating him for his incurable progressive retinal condition.

Therefore, how would he be expected to be able to read the claimant commitment, understand the claimant commitment and be expected to have a realistic chance of adhering to such a commitment???

And presumably the claimant commitment will have to be signed before he undertakes the WCA?

Would a work coach even be made aware of his difficulties as we wouldn't get the chance to complete a UC questionaire for a number of weeks after his initial claim for UC, I would have thought?

And a so called work coach won't be medically qualified to understand his limitations anyway - meaning his safety could be put in jeopardy with an unrealistic claimant commitment?

Surely there must be a proper written DWP policy on these matters. Of course I'm not blaming anyone on here, in fact far from it. Maybe I should ask my MP if they could take up these important queries?

Thank you Gordon as always. Finally, do you think Benefits and Work, Steve or someone out there from any welfare rights organisations might be able to press the DWP on these matters and obtain some clarity for disabled claimants with appointees?

Many thanks

Buster

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6 years 5 months ago #199908 by Gordon
Replied by Gordon on topic Universal Credit - appointee?
Buster

It is possible for the JC+ advisor to remove the need for a Claimant Commitment, but you can't assume that they will do this in advance.

I agree that JC+ staff may not be qualified to make a proper judgement, but don't assume the worst of them, there are still many good JC+ staff.

Gordon

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