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Universal credit and training
- Dave
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6 years 1 month ago #208839 by Dave
Universal credit and training was created by Dave
Hello ,
I have searched other posts and cannot find any similar threads ,Briefly at the start of 2018 i was told that my esa medical had only awarded me 9 points and i was found fit for work,I am in the process of going to tribunal as the mandatory reconsideration was not successful.
I live in a full universal credit service area and i was told i must apply for this ,i took a doctors sick note with me and i have already been sent a new medical questionaire to fill out .my questions if i may are .
1 . the job centre are wanting to send me on a 5 week admin training course ,is this correct they can force this if i have a doctors note ?
2 I re saw my Dr yesterday and he said i am not fit enough for a training course and i should decline .My jc advisor seems verys staunch and i need to know if this will lead to a sanction ?,my money situation is tight .
3. mY JC advisor tells me i am wasting my time appealing as my new medical (which i have not had yet ) would over ride my previous medical even if i won and that i will be staying on universal credit and it does not any longer pay extra money .
Just to clarify i was in receipt of esa before my re assesment .
Yesterday i had a txt message stating "We have sent your case to be heard by the tribunal service who will contact you directly to tell you when it will be heard .you dont need to do anything now.".
Does this mean i no longer have to be searching for jobs and going on training courses ?,the part that says you dont need to do anything now ?.
I was advised by housing group to apply for this benefit and once the appeal was lodged i could asked to be paid the esa assesment rate ,i have now been told i must stay on universal credit as esa no longer exists ?
sorry for all the questions but i am very confused by it all as prior to this i have always been lucky enough to work .
Regards .
I have searched other posts and cannot find any similar threads ,Briefly at the start of 2018 i was told that my esa medical had only awarded me 9 points and i was found fit for work,I am in the process of going to tribunal as the mandatory reconsideration was not successful.
I live in a full universal credit service area and i was told i must apply for this ,i took a doctors sick note with me and i have already been sent a new medical questionaire to fill out .my questions if i may are .
1 . the job centre are wanting to send me on a 5 week admin training course ,is this correct they can force this if i have a doctors note ?
2 I re saw my Dr yesterday and he said i am not fit enough for a training course and i should decline .My jc advisor seems verys staunch and i need to know if this will lead to a sanction ?,my money situation is tight .
3. mY JC advisor tells me i am wasting my time appealing as my new medical (which i have not had yet ) would over ride my previous medical even if i won and that i will be staying on universal credit and it does not any longer pay extra money .
Just to clarify i was in receipt of esa before my re assesment .
Yesterday i had a txt message stating "We have sent your case to be heard by the tribunal service who will contact you directly to tell you when it will be heard .you dont need to do anything now.".
Does this mean i no longer have to be searching for jobs and going on training courses ?,the part that says you dont need to do anything now ?.
I was advised by housing group to apply for this benefit and once the appeal was lodged i could asked to be paid the esa assesment rate ,i have now been told i must stay on universal credit as esa no longer exists ?
sorry for all the questions but i am very confused by it all as prior to this i have always been lucky enough to work .
Regards .
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- Gordon
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6 years 1 month ago #208857 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Universal credit and training
Dave
It's unfortunate that you had to claim UC, but it is what it is.
When was your original ESA claim made?
Are you in the work preparation group? If you are then training is one of the activities that you can be required to do, however, your advisor must take into account any limitations that result from your conditions. Is your GP willing to write to the DWP with their concerns?
I'm afraid if the training is made a mandatory then you can be sanctioned if you fail to participate.
If your original ESA claim was made before April 2017 then it is worth your appealing, if successful you would receive back payment of what I will call the WRAG component at least until you made your UC claim. However, if it was after April 17 then the WRAG component is not payable and even if you are successful, you are unlikely to receive any back pay.
As you are receiving UC in a Full Service area, there is no longer any way back to ESA, I wish that your Housing group had offered more advice to you or at least recommended that you seek it.
Gordon
It's unfortunate that you had to claim UC, but it is what it is.
When was your original ESA claim made?
Are you in the work preparation group? If you are then training is one of the activities that you can be required to do, however, your advisor must take into account any limitations that result from your conditions. Is your GP willing to write to the DWP with their concerns?
I'm afraid if the training is made a mandatory then you can be sanctioned if you fail to participate.
If your original ESA claim was made before April 2017 then it is worth your appealing, if successful you would receive back payment of what I will call the WRAG component at least until you made your UC claim. However, if it was after April 17 then the WRAG component is not payable and even if you are successful, you are unlikely to receive any back pay.
As you are receiving UC in a Full Service area, there is no longer any way back to ESA, I wish that your Housing group had offered more advice to you or at least recommended that you seek it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Dave
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6 years 1 month ago #208870 by Dave
Replied by Dave on topic Universal credit and training
Thank you Gordon ,my esa was originally claimed around September 2015 ,My esa medical was 21 November 2017 ,and i was told on the 2nd January 2018 that i had only been awarded 9 points ,i asked for mandatory re consideration and had this refused 24 January 2018 ,this was despite me stating by letter i was providing further evidence.
I had help to start my universal credit on about the 4th January 2018.
I forgot to mention i am in award of pip and i have been told i now loose my disablement premeium ?.
The way is see it at the moment is a little grim i am expected to work search and i even if i win my appeal it is of limited use ?.
I am not sure if i am in a work preparation group ?at the moment she has said i must still seek work but because of my doctors note i do not have to apply ?.
I struggle with mobility and i have always had very manual jobs in the past .
thanks Dave.
I had help to start my universal credit on about the 4th January 2018.
I forgot to mention i am in award of pip and i have been told i now loose my disablement premeium ?.
The way is see it at the moment is a little grim i am expected to work search and i even if i win my appeal it is of limited use ?.
I am not sure if i am in a work preparation group ?at the moment she has said i must still seek work but because of my doctors note i do not have to apply ?.
I struggle with mobility and i have always had very manual jobs in the past .
thanks Dave.
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- Gordon
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6 years 1 month ago #208886 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Universal credit and training
Dave
So the appeal is worth your doing, if it is successful then you should see an increase in your UC rate, however, the appeal award will be limited by the new UC assessment, although the criteria for this are exactly the same as for ESA.
If you have concerns that you are being asked to do things beyond your capabilities then you should first discuss this with your advisor, if this is unsuccessful (sounds likely) then escalate to their supervisor there should also be an disability advisor at your local JC+ office that you should be able to speak to.
Also, speak to your GP about what they are writing on your Fit Notes as this may make a difference to what you are asked to do.
Gordon
So the appeal is worth your doing, if it is successful then you should see an increase in your UC rate, however, the appeal award will be limited by the new UC assessment, although the criteria for this are exactly the same as for ESA.
If you have concerns that you are being asked to do things beyond your capabilities then you should first discuss this with your advisor, if this is unsuccessful (sounds likely) then escalate to their supervisor there should also be an disability advisor at your local JC+ office that you should be able to speak to.
Also, speak to your GP about what they are writing on your Fit Notes as this may make a difference to what you are asked to do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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