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Requirement to seek work whilst appealing

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2 years 7 months ago #271258 by Notyniki
Hi,

I'm on UC and appealing because I was found fit for work following both the assessment and the MR.

I'm sure I read in one of your guides that once you have submitted an appeal to the tribunals service that you are not required to actively look for work. I can't for the life of me find this bit of info now so am afraid I may have imagined it?

My work coach is phoning me tomorrow so it would be great if you could help me get my facts straight.

Many thanks.

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2 years 7 months ago #271261 by BIS
Hi Notyniki

I'm sorry, but I couldn't find it in the guide - and I can't say whether what you said is true or not.

BIS

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The following user(s) said Thank You: Notyniki

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2 years 7 months ago #271291 by Gary
Hi Notyniki

Your question is outside the remit of the forum, you may want to seek advice from your local Welfare Rights Organisation; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Your workcoach may be contacting you to see what conditionality group to place you in, one question I would ask you, do you have a 'fit note' from your doctor, what has your doctor said about returning to work?

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

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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2 years 6 months ago #272246 by Notyniki
Replied by Notyniki on topic Requirement to seek work whilst appealing
Hi BIS, I have found the part of your website I was referring to. It is on the Appeals FAQs here:

www.benefitsandwork.co.uk/guides-for-claimants/faq/appeals#two

Have I misinterpreted it?

Best wishes, Nik.

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2 years 6 months ago #272267 by Gordon
Replied by Gordon on topic Requirement to seek work whilst appealing
Notyniki

The page that you refer to is for ESA, not UC, whilst the operation of the two benefits is often similar they are controlled by separate legislation and this can result in discrepancies.

I've had a look through the UC legislation and DWP guidance in regard to LCW and appeals and I cannot find anything that mimics the ESA paragraph whereby a claimant appealing a Fit for Work Decision (my phraseology) is treated as still being in the Assessment Phase, which exempts them from seeking work.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 6 months ago #272284 by Notyniki
Replied by Notyniki on topic Requirement to seek work whilst appealing
Thank you so much for clearing that up Gordon

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