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UC Work Coach/Commitments
- mj2022
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1 year 10 months ago #277353 by mj2022
UC Work Coach/Commitments was created by mj2022
Hi,
I was medically discharged from the Army in 2012 after 20yrs service with numerous injuries/health problems one of which has no cure and I have not been able to work since. I only found out I could get UC in Aug 22 as the Govt and other benefit calculators always included military disablement pension as income instead of disregarding it.
I am in receipt of UC and submitted UC50 last year and am now in the waiting game for a appt/decision for LCWRA. I have been submitting fit notes every 3 months, most recent last week. My initial work commitments were not appropriate so they were reduced to the minimum and time spent was 2hrs.
Since having a different work coach call me on the last few occasions they have been concentrating on health issues and telling me to go for counselling and go to groups at the village hall like people with alcohol and gambling problems to talk to people with the same issues. They also commented that the NHS have just deserted me as I am not currently having any appts. I explained because all avenues have been exhausted.
My work commitments have now been changed that I will research and look for types of jobs I am normally able to do and record at least 25 jobs per week in my journal. When I questioned this it equates to what I could do when I was in the Army. This seems a ridiculous commitment as I stated to the work coach if I could do that I would still be in the Army. This is also more than 2hrs which conveniently has now been removed from my commitments.
I would appreciate your advice on:
As the legislation was hidden about military disablement pensions disregarded am I able to back claim?
Should the work coach be drifting into the health element of my claim and suggesting I should be attending counselling especially with no knowledge of my health issues?
Is there anything I can do with regard to the work commitments that have just been updated?
Many thanks
I was medically discharged from the Army in 2012 after 20yrs service with numerous injuries/health problems one of which has no cure and I have not been able to work since. I only found out I could get UC in Aug 22 as the Govt and other benefit calculators always included military disablement pension as income instead of disregarding it.
I am in receipt of UC and submitted UC50 last year and am now in the waiting game for a appt/decision for LCWRA. I have been submitting fit notes every 3 months, most recent last week. My initial work commitments were not appropriate so they were reduced to the minimum and time spent was 2hrs.
Since having a different work coach call me on the last few occasions they have been concentrating on health issues and telling me to go for counselling and go to groups at the village hall like people with alcohol and gambling problems to talk to people with the same issues. They also commented that the NHS have just deserted me as I am not currently having any appts. I explained because all avenues have been exhausted.
My work commitments have now been changed that I will research and look for types of jobs I am normally able to do and record at least 25 jobs per week in my journal. When I questioned this it equates to what I could do when I was in the Army. This seems a ridiculous commitment as I stated to the work coach if I could do that I would still be in the Army. This is also more than 2hrs which conveniently has now been removed from my commitments.
I would appreciate your advice on:
As the legislation was hidden about military disablement pensions disregarded am I able to back claim?
Should the work coach be drifting into the health element of my claim and suggesting I should be attending counselling especially with no knowledge of my health issues?
Is there anything I can do with regard to the work commitments that have just been updated?
Many thanks
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- Gary
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1 year 10 months ago #277369 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC Work Coach/Commitments
Hi mj2022
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Thank you for your post, it is quite hard to give you a definitive answer as we do not have all your circumstances, over many years I have worked with the British Legion helping ex-service personnel; www.britishlegion.org.uk/get-support/who-we-help#
In regards to your claimant commitment, you need to know which group you have been placed in.
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
Group 1. No work related requirements
* People who have a limited capability for work related activity because of health or disability (the equivalent in Universal Credit of the support group for ESA)
* Lone parents with a child under one
* The lead carer of a child in couple with a child under one (the other member of the couple will be placed into their own group)
* Adopters who have had a child placed with them within the last 12 months (you can ask that the 12 months begin up to 14 days before the placement)
* Foster carers responsible for a child aged under one
* Carers with regular and substantial caring responsibilities, ie 35 hours or more a week, for a severely disabled person
* Those who are earning above their individual earnings threshold (which will be if your gross earnings exceed your appropriate national minimum/living wage rate times 35, or the number of hours agreed as appropriate for you). If you are self-employed and have the minimum income floor imposed you will treated as meeting your individual earnings threshold.
Group 2. Work-focused interview only requirement
* Lone parents whose youngest child is aged 1
* The lead carer in a couple whose youngest child is aged 1. The other member of the couple will also be placed in to their own group.
* Foster carer responsible for a child aged 1 (or over 1 in some cases if the child has care needs)
* Foster carer who has been in this group within the last 8 weeks, is not currently caring for a child but intends to again
* Became a friend or family carer within the last 12 months
This group will be expected to attend periodic interviews to discuss their plans for returning to the labour market. A sanction may be applied to your UC award if you fail to attend an interview. This sanction may be imposed for a period until you meet the compliance condition that you failed, or for up to 26 weeks.
Group 3. Work preparation requirement
* Those who because of health or disability have a limited capacity for work, ie the equivalent of the work related group for ESA
* Lone parents whose youngest child is aged 2
* The lead carer in a couple whose youngest child is aged 2. The other member of the couple will be placed in to their own group.
This group will be expected to take reasonable steps to prepare for work, such as attending a skills assessment, preparing a CV, participating in training or an employment programme, and undertaking work experience or a work placement. A sanction may be applied to your Universal Credit award if you fail to undertake work-related activity. This sanction may be imposed for a period until you meet the compliance condition that you failed, or for up to 26 weeks.
Group 4. All work-related requirements
Anyone not mentioned above is included in this group.
This group will be subject to a work search requirement and work availability requirement, as they would under Jobseeker's Allowance.
Personal advisers will be able to order "Mandatory Work Activity" - a full-time work placement for four weeks. A severe sanction can be imposed if this is not attended without good cause.
A higher level sanction may be applied to the Universal Credit award for failure (with no good reason) to comply with the requirement to prepare or apply for work; take up an offer of paid work; or ceasing work voluntarily or through misconduct. This sanction could result in a reduction of your Universal Credit award, for up to a maximum of 26 weeks (this timeframe dropped to 26 weeks from 3 years for new and existing sanctions from 27 November 2019), depending on the number and regularity of such failures.
The expectation is that when in work people in this group will earn at least the equivalent of 35 hours at National Minimum/Living Wage. This is known as the 'individual earnings threshold'. So if you earn the minimum wage then you will be expected to work for at least 35 hours a week. But note that if you earn above minimum wage you could be lifted above your earnings threshold but work less than 35 hours - the threshold is measured in terms of earnings not hours.
If you have a child aged under 13, you should talk to your personal adviser about what activities are realistic for you. You can ask for reasonable adjustments including to your expected number of work hours, for example, limiting the hours you are available to work so you can drop off and pick your child up from childcare or school. The expectation is that 25 hours should be appropriate if you have children of compulsory school age and 16 hours should be appropriate if you have children below compulsory school age, though this can vary depending upon your caring responsibilities. If you have an older child adjustments may still be approved.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Thank you for your post, it is quite hard to give you a definitive answer as we do not have all your circumstances, over many years I have worked with the British Legion helping ex-service personnel; www.britishlegion.org.uk/get-support/who-we-help#
In regards to your claimant commitment, you need to know which group you have been placed in.
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
Group 1. No work related requirements
* People who have a limited capability for work related activity because of health or disability (the equivalent in Universal Credit of the support group for ESA)
* Lone parents with a child under one
* The lead carer of a child in couple with a child under one (the other member of the couple will be placed into their own group)
* Adopters who have had a child placed with them within the last 12 months (you can ask that the 12 months begin up to 14 days before the placement)
* Foster carers responsible for a child aged under one
* Carers with regular and substantial caring responsibilities, ie 35 hours or more a week, for a severely disabled person
* Those who are earning above their individual earnings threshold (which will be if your gross earnings exceed your appropriate national minimum/living wage rate times 35, or the number of hours agreed as appropriate for you). If you are self-employed and have the minimum income floor imposed you will treated as meeting your individual earnings threshold.
Group 2. Work-focused interview only requirement
* Lone parents whose youngest child is aged 1
* The lead carer in a couple whose youngest child is aged 1. The other member of the couple will also be placed in to their own group.
* Foster carer responsible for a child aged 1 (or over 1 in some cases if the child has care needs)
* Foster carer who has been in this group within the last 8 weeks, is not currently caring for a child but intends to again
* Became a friend or family carer within the last 12 months
This group will be expected to attend periodic interviews to discuss their plans for returning to the labour market. A sanction may be applied to your UC award if you fail to attend an interview. This sanction may be imposed for a period until you meet the compliance condition that you failed, or for up to 26 weeks.
Group 3. Work preparation requirement
* Those who because of health or disability have a limited capacity for work, ie the equivalent of the work related group for ESA
* Lone parents whose youngest child is aged 2
* The lead carer in a couple whose youngest child is aged 2. The other member of the couple will be placed in to their own group.
This group will be expected to take reasonable steps to prepare for work, such as attending a skills assessment, preparing a CV, participating in training or an employment programme, and undertaking work experience or a work placement. A sanction may be applied to your Universal Credit award if you fail to undertake work-related activity. This sanction may be imposed for a period until you meet the compliance condition that you failed, or for up to 26 weeks.
Group 4. All work-related requirements
Anyone not mentioned above is included in this group.
This group will be subject to a work search requirement and work availability requirement, as they would under Jobseeker's Allowance.
Personal advisers will be able to order "Mandatory Work Activity" - a full-time work placement for four weeks. A severe sanction can be imposed if this is not attended without good cause.
A higher level sanction may be applied to the Universal Credit award for failure (with no good reason) to comply with the requirement to prepare or apply for work; take up an offer of paid work; or ceasing work voluntarily or through misconduct. This sanction could result in a reduction of your Universal Credit award, for up to a maximum of 26 weeks (this timeframe dropped to 26 weeks from 3 years for new and existing sanctions from 27 November 2019), depending on the number and regularity of such failures.
The expectation is that when in work people in this group will earn at least the equivalent of 35 hours at National Minimum/Living Wage. This is known as the 'individual earnings threshold'. So if you earn the minimum wage then you will be expected to work for at least 35 hours a week. But note that if you earn above minimum wage you could be lifted above your earnings threshold but work less than 35 hours - the threshold is measured in terms of earnings not hours.
If you have a child aged under 13, you should talk to your personal adviser about what activities are realistic for you. You can ask for reasonable adjustments including to your expected number of work hours, for example, limiting the hours you are available to work so you can drop off and pick your child up from childcare or school. The expectation is that 25 hours should be appropriate if you have children of compulsory school age and 16 hours should be appropriate if you have children below compulsory school age, though this can vary depending upon your caring responsibilities. If you have an older child adjustments may still be approved.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mj2022
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1 year 10 months ago #277395 by mj2022
Replied by mj2022 on topic UC Work Coach/Commitments
Hi Gary,
Thanks for the reply. I am aware of the groups but am I right in thinking you don't get placed in to a group until you have had the health assessment? I am currently in that queue and have been since last year and was told it could be an 11 month wait.
The work coach that had called before this most recent few times could see the long list of disabilities/issues etc and my commitment reflected that as the minimum. Now it has been changed to look for jobs that I could have done and the 2hr time spent has been removed.
Is this because I have not yet been assessed so each different work coach that calls me can change commitments as they see fit rather than there being the same procedure and common sense applied by them all?
Also should they be directing what I should be doing regarding my health issues?
Many thanks
Thanks for the reply. I am aware of the groups but am I right in thinking you don't get placed in to a group until you have had the health assessment? I am currently in that queue and have been since last year and was told it could be an 11 month wait.
The work coach that had called before this most recent few times could see the long list of disabilities/issues etc and my commitment reflected that as the minimum. Now it has been changed to look for jobs that I could have done and the 2hr time spent has been removed.
Is this because I have not yet been assessed so each different work coach that calls me can change commitments as they see fit rather than there being the same procedure and common sense applied by them all?
Also should they be directing what I should be doing regarding my health issues?
Many thanks
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- Gordon
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1 year 10 months ago #277417 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic UC Work Coach/Commitments
mj2022
There is no automatic exemption from searching for work after 14 days have elapsed from the first submission of a Fit Note, although most work coaches will exempt a claimant from doing so.
So some things to check;
- Do you have a new Work Coach, dare I say, sometimes the new person does not read the claimant's history and just treats them as a new claimant.
- You are still providing Fit Notes while you wait for your assessment? Failing to have a continuous Fit Notes on file with the DWP resets your Fit for Work status.
- Are you being asked to apply for jobs or just to identify in your journal 25 jobs a week that you could apply for if fit?
- Have you raised the issue with your Work Coach?
Gordon
There is no automatic exemption from searching for work after 14 days have elapsed from the first submission of a Fit Note, although most work coaches will exempt a claimant from doing so.
So some things to check;
- Do you have a new Work Coach, dare I say, sometimes the new person does not read the claimant's history and just treats them as a new claimant.
- You are still providing Fit Notes while you wait for your assessment? Failing to have a continuous Fit Notes on file with the DWP resets your Fit for Work status.
- Are you being asked to apply for jobs or just to identify in your journal 25 jobs a week that you could apply for if fit?
- Have you raised the issue with your Work Coach?
Gordon
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.
- mj2022
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1 year 10 months ago #277441 by mj2022
Replied by mj2022 on topic UC Work Coach/Commitments
Hi Gordon,
Thanks for your reply.
It is a fairly new work coach that has started to call me. They have been more concerned about directing me what I should be doing regarding my health and blaming the NHS. I am not sure whether they did not like me telling them the facts and there is no cure so how can the NHS be to blame and that is why they have changed the commitments.
I have provided a fit note every 3 months without fail.
A new commitment as follows:
'I will research and look for the types of jobs I am normally able to do and record at least 25 jobs per week in my journal'.
When I questioned the work coach this relates to what I could do when I was in the Army over 10yrs ago so a different scenario to someone just on short term sick. For me to spend that time searching is a big thing both mentally and physically as this is a far greater task than 2hrs per week that was originally a commitment.
I raised the issue of looking for jobs I could have done when I was in the Army and made the point if I could do those jobs I would still be in the Army but it just fell on deaf ears. I will just try and achieve what I can within my limits and if any issue arises at my next phone call I will have to deal with it then.
Thanks again for all your help and guides.
Thanks for your reply.
It is a fairly new work coach that has started to call me. They have been more concerned about directing me what I should be doing regarding my health and blaming the NHS. I am not sure whether they did not like me telling them the facts and there is no cure so how can the NHS be to blame and that is why they have changed the commitments.
I have provided a fit note every 3 months without fail.
A new commitment as follows:
'I will research and look for the types of jobs I am normally able to do and record at least 25 jobs per week in my journal'.
When I questioned the work coach this relates to what I could do when I was in the Army over 10yrs ago so a different scenario to someone just on short term sick. For me to spend that time searching is a big thing both mentally and physically as this is a far greater task than 2hrs per week that was originally a commitment.
I raised the issue of looking for jobs I could have done when I was in the Army and made the point if I could do those jobs I would still be in the Army but it just fell on deaf ears. I will just try and achieve what I can within my limits and if any issue arises at my next phone call I will have to deal with it then.
Thanks again for all your help and guides.
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