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Questions re UC Online Claim Account etc

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1 year 10 months ago - 1 year 10 months ago #277841 by Gary
Replied by Gary on topic Questions re UC Online Claim Account etc
Hi grace

The purpose of the first commitment when you apply for UC is for your claim to go live, where you prove your identity and sign your claimant commitment; 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

Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. 

In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place. 


Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have:

The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or 
The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award.

 This means that the work capability decision MUST be transferred across from an ESA award to a UC one.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 10 months ago by Gary. Reason: spelling error

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1 year 10 months ago #277842 by grace
Replied by grace on topic Questions re UC Online Claim Account etc
I received an error message twice earlier today when I tried to post the following:
Re Q 1) if it brings hope to anyone, I managed to have the ID verification by phone (as per the CAB’s webpages)…but of course not without some stress and drama beforehand.

So I've already had the ID verification appt and am assuming that this next phone appt (not in person) is for signing the Claimant Commitment...hence my questions in my previous post? Agreeing/signing it can be done via our online account so I don't understand what needs to be asked/discussed over the phone at this appt?

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1 year 10 months ago #277847 by Gary
Replied by Gary on topic Questions re UC Online Claim Account etc
Hi grace

What needs to be asked/discussed is what group to put you in when agreeing your claimant commitment.

A claimant commitment is an agreement that if you fail to carry out a task you have been asked to do may result in you being sanctioned.

Gary

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

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1 year 10 months ago #277874 by grace
Replied by grace on topic Questions re UC Online Claim Account etc
I’d written in my post numbered 3) that I was asking for specifically LCWRA/ESA SG claimants – so that context for my question was already a given. I’d mentioned Regulation 19 in this post (and I wrote the regulation out in my first post under this topic) so I’m already familiar with it. This is DWP UC law so the Work Coach cannot ignore it – they have to place us in Group 1 ‘no work-related requirements’ (which I also wrote in my post 3))… this law is not up for discussion based on what we do or don’t say in the call – it’s based on the independently verifiable fact that we were previously in the ESA SG. So my question remains: What is there to discuss in this phone appt, when there should be no tasks in our Claimant Commitment and we’ve already answered questions about treatment online (see my comments on this in post 3))?…therefore my question: What is the purpose of this phone call for specifically LCWRA/ESA SG claimants?...I’m sorry if I’m missing something obvious but I genuinely cannot think of any logical reason for it (and therefore don’t know how to prepare for it)?

Are there any LCWRA/ESA SG claimants (with long-term severe illness) that have already been through this phone call and don’t mind sharing what they were asked, please?

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1 year 10 months ago #277992 by grace
Replied by grace on topic Questions re UC Online Claim Account etc
Update to 3): I don't know if this update will actually help anyone in the same boat as me, but my phone appt was cancelled - just got a journal entry saying so, and my Claimant Commitment sent online. I didn't ask for it to be cancelled, so I'm not sure I can offer any tips on how to get it cancelled because I don't really know what I did to trigger this...I guess they saw the logic of the futility of the phone appt?
The following user(s) said Thank You: BIS

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1 year 10 months ago #278087 by grace
Replied by grace on topic Questions re UC Online Claim Account etc
I would so appreciate urgent help with this.

Specifically for LCWRA/ESA SG claimants:
CLAIMANT COMMITMENT

My online CC is blank above the heading ‘Using your account online’ – it doesn’t state what group I’m in. After I asked, my Case Manager has come back saying that my group would not necessarily show in the Commitments webpage. It is completely unreasonable to expect a claimant to accept their CC without them knowing which group they are in – surely this is illegal? My Case Manager has now confirmed by journal entry that my group is ‘no work-related requirements’, but only after I’d asked!? Surely we can request that the actual webpage we are expected to accept specifies this?!?!

Then my Case Manager said that having read my commitments, it says that they've only asked me to contact them if there are any changes I need to report. They have not asked me to attend another appointment. Surely I have the right to see the commitments they can read (elsewhere) because what's on the webpage isn't detailed at all? I'm concerned by under the heading 'Using my account online': 'complete all activities in my To Do list'. Right from the date of my claim there has always been on my To Do list ‘Tell us about your work search’ – I obviously want that deleted. But what if they decide to suddenly just add tasks to my To Do list at any time in the future? - I didn't agree to that. Should I request that both "they've only asked me to contact them if there are any changes I need to report" and "They have not asked me to attend another appointment" are added to my CC webpage?

My Case Manager only messaged me late yesterday with the answers and my CC is due early next week. I have said that a claimant has the right to seek legal advice at every stage (and they obviously only work office hours ie today only), and reiterated my multiple journal entries about how long it takes me to complete tasks due to severity of symptoms therefore reasonable adjustments have to be made under the Equality Act 2010. What else can I say to postpone the acceptance date by a couple of days? It’s not my fault my Case Manager only came back to me late yesterday with what my CC actually says! – I obviously couldn’t do any work relating to it until I heard back from them. I’d asked them to confirm that my claim will not be cancelled; when they replied they didn’t confirm it won’t be cancelled, only that if my CC is not accepted by the due date my first payment will be blocked. I have savings as a safety-net. Is there a way to get the payment date moved just this once so that I can get my CC amended (as is my right) but when my head is able to work on this and when I'm able to receive legal advice during office hours? The CAB webpages and elsewhere say that we must be content with what our CC says, that it honestly reflects our circumstances.

Is there anything else for long-term severe illness that would be useful to add to my CC that others have added?

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