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Work Coaches and UC/ESA
- micksville
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2 years 11 months ago #268807 by micksville
Work Coaches and UC/ESA was created by micksville
With regard to a recent news item on Benefits and Word about work coaches being pressured into getting ESA (SG) claimants off that benefit and onto UC. The wording is a bit confusing on the report. As I understand it if you get through the WCA for UC and are placed in support group you don't have to attend with work coaches or work related activity. Is that correct? Just as it is with ordinary ESA. Or is this meant in the context of those awaiting a WCA who were formerly in SG of ESA and didn't get a GP letter saying they ought to be exempt from work related activity etc whilst awaiting a WCA for UC?
Furthermore, surely a work coach cannot decide if someone in SG gets to be put on oridnary UC as a job seeker, or in work related activity bracket of ESA....That's is down to a decision maker in tandem with the medical assessors surely? I would be grateful for any clarification of the rules around this.
Furthermore, surely a work coach cannot decide if someone in SG gets to be put on oridnary UC as a job seeker, or in work related activity bracket of ESA....That's is down to a decision maker in tandem with the medical assessors surely? I would be grateful for any clarification of the rules around this.
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- Gary
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2 years 11 months ago #268818 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Work Coaches and UC/ESA
Hi micksville
Nothing would surprise me. To move from legacy ESA support to UC LCWRA you must be in receipt of ESA when you apply for UC, if you apply for UC a day after your ESA claim stops then you will have to go through the assessment phase and apply for WCA, if you are successful then you will not get a LCWRA payment until the 14th week of your claim.
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 they have a terminal illness and have less than 6 months to live. 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
There is a good article on entitled web site about claimant commitments
www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
Gary
Nothing would surprise me. To move from legacy ESA support to UC LCWRA you must be in receipt of ESA when you apply for UC, if you apply for UC a day after your ESA claim stops then you will have to go through the assessment phase and apply for WCA, if you are successful then you will not get a LCWRA payment until the 14th week of your claim.
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 they have a terminal illness and have less than 6 months to live. 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
There is a good article on entitled web site about claimant commitments
www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: micksville, denby
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2 years 11 months ago #268874 by micksville
Replied by micksville on topic Work Coaches and UC/ESA
Thanks Gary,
I assume the way round this is to be ready for the natural migration, have all your paperwork ready and apply for UC asap, as soon as you are notifiedyour Legacy ESA is ending, and before your ESA award actually ends. I assume the DWP will send a letter telling you that your ESA award will be ending on such and such a date and that you must claim UC? Or are there instances where claimants have just had letters saying their Legacy ESA has now ended and one must claim UC, thus forcing them to go through assesments?Have you heard of any instances of this? I other words do DWP have to give reasonable notice that Legacy ESA will be coming to a end? I know they are fond of not following their own rules in matters like this, but are they legally bound to give you fair notice? In my case I did a (fresh) UC claim for a friend of mine a couple of years ago as he is a technophobe and doesn't have a clue with internet, so I am sure I could apply online the same day or next day at the latest when I get any natural migration letter.
I assume the way round this is to be ready for the natural migration, have all your paperwork ready and apply for UC asap, as soon as you are notifiedyour Legacy ESA is ending, and before your ESA award actually ends. I assume the DWP will send a letter telling you that your ESA award will be ending on such and such a date and that you must claim UC? Or are there instances where claimants have just had letters saying their Legacy ESA has now ended and one must claim UC, thus forcing them to go through assesments?Have you heard of any instances of this? I other words do DWP have to give reasonable notice that Legacy ESA will be coming to a end? I know they are fond of not following their own rules in matters like this, but are they legally bound to give you fair notice? In my case I did a (fresh) UC claim for a friend of mine a couple of years ago as he is a technophobe and doesn't have a clue with internet, so I am sure I could apply online the same day or next day at the latest when I get any natural migration letter.
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2 years 11 months ago #268877 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Work Coaches and UC/ESA
Hi micksville
I have not yet seen anything on how claimants will migrate over to UC, so we are in the dark at present.
As soon as we know, Steve will add the information in our newsletter.
Gary
I have not yet seen anything on how claimants will migrate over to UC, so we are in the dark at present.
As soon as we know, Steve will add the information in our newsletter.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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