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UC Substantial Risk
- Kaitlin399
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4 weeks 5 hours ago #297179 by Kaitlin399
UC Substantial Risk was created by Kaitlin399
I am an appointee for my daughter. My daughter doesn't attend appointments. I completed the online form and got asked to go to the job centre to verify me being an appointee. Then i was asked to go again to meet a work coach. Due to having supplied a fit note for daughter the coach said the limited capacity for work process would start and that we would receive a questionnaire.
I have received the UC50 questionnaire. I am reading your UC Guide and see that Substantial Risk applies to my daughter. I have memory problems and cannot remember if I supplied evidence at the application stage or not. If the form asked me to then I would have done so because I would have been expecting to do so. In my opinion, the evidence would have been enough to satisfy Substantial Risk mental health.
What should I do now?
Do I check with the job centre via the Journal that they have assessed her correctly because the Substantial Risk regulation enables her to pass this test without having to score enough points. Or, have I misunderstood this and it relates to test 1 of the WCA UC50 form?
I am getting confused between the different exemptions and the relevant stage of process. Sorry! It's not your Guide, it is me. I find it hard grasping processes.
Thank you
Notes from the Guide for my own info
p.19 WRA Exceptional Circumstances - need to show you would have to refrain from actual work.
7. There is a substantial risk to you, or others, if you are found not to have a limited capability for work.
The regulation enables you to pass this test without having to score enough points if:
‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work.’
This regulation will not apply, however, if the risk could be reduced by a significant amount by:
• reasonable adjustments being made in your workplace; or
• taking medication to manage your condition that has been prescribed by a registered medical practitioner who is treating you.
For this exceptional circumstance regulation to apply you need to show firstly that you have a specific ‘disease or disablement.’ This could be a physical condition such as a heart or lung condition or a mental health condition such as anxiety, depression or bipolar disorder.
Then you need to show that there would be a ‘substantial risk’ either to you or to someone else if you were found not to have limited capability for work.
For example, might the exertion involved in going to work, or to appointments at the Jobcentre, lead to a serious deterioration in your health condition? Might the exertion even be fatal? Might you attempt to harm yourself?
If you believe that this exceptional circumstance applies to you, include information with your questionnaire and try to obtain supporting medical evidence. You can add the information in the ‘Other information’ section or on additional sheets with the heading ‘Life threatening disease’ or ‘Substantial risk.’
p.23 LCWRA Substantial Risk - need to show that you would have to refrain from ‘work related activity’ rather than actual work.
The substantial risk rules are very important – they are one of the most common ways that claimants are placed in the support group. You will be treated as having limited capability for work-related activities if:
‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement; there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity.’
This is almost identical to one of the exceptional circumstances for the work-related activity group (see page 18) except that now you need to show that you would have to refrain from ‘work related activity’ rather than actual work.
This could include things such as attending a Jobcentre or Work Programme provider’s office regularly, work experience, training, group activities, doing tasks online.
I have received the UC50 questionnaire. I am reading your UC Guide and see that Substantial Risk applies to my daughter. I have memory problems and cannot remember if I supplied evidence at the application stage or not. If the form asked me to then I would have done so because I would have been expecting to do so. In my opinion, the evidence would have been enough to satisfy Substantial Risk mental health.
What should I do now?
Do I check with the job centre via the Journal that they have assessed her correctly because the Substantial Risk regulation enables her to pass this test without having to score enough points. Or, have I misunderstood this and it relates to test 1 of the WCA UC50 form?
I am getting confused between the different exemptions and the relevant stage of process. Sorry! It's not your Guide, it is me. I find it hard grasping processes.
Thank you
Notes from the Guide for my own info
p.19 WRA Exceptional Circumstances - need to show you would have to refrain from actual work.
7. There is a substantial risk to you, or others, if you are found not to have a limited capability for work.
The regulation enables you to pass this test without having to score enough points if:
‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work.’
This regulation will not apply, however, if the risk could be reduced by a significant amount by:
• reasonable adjustments being made in your workplace; or
• taking medication to manage your condition that has been prescribed by a registered medical practitioner who is treating you.
For this exceptional circumstance regulation to apply you need to show firstly that you have a specific ‘disease or disablement.’ This could be a physical condition such as a heart or lung condition or a mental health condition such as anxiety, depression or bipolar disorder.
Then you need to show that there would be a ‘substantial risk’ either to you or to someone else if you were found not to have limited capability for work.
For example, might the exertion involved in going to work, or to appointments at the Jobcentre, lead to a serious deterioration in your health condition? Might the exertion even be fatal? Might you attempt to harm yourself?
If you believe that this exceptional circumstance applies to you, include information with your questionnaire and try to obtain supporting medical evidence. You can add the information in the ‘Other information’ section or on additional sheets with the heading ‘Life threatening disease’ or ‘Substantial risk.’
p.23 LCWRA Substantial Risk - need to show that you would have to refrain from ‘work related activity’ rather than actual work.
The substantial risk rules are very important – they are one of the most common ways that claimants are placed in the support group. You will be treated as having limited capability for work-related activities if:
‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement; there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity.’
This is almost identical to one of the exceptional circumstances for the work-related activity group (see page 18) except that now you need to show that you would have to refrain from ‘work related activity’ rather than actual work.
This could include things such as attending a Jobcentre or Work Programme provider’s office regularly, work experience, training, group activities, doing tasks online.
- David
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4 weeks 2 hours ago #297199 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC Substantial Risk
Hi Kaitlin399,
To answer your question - Do I check with the job centre via the Journal that they have assessed her correctly because the Substantial Risk regulation enables her to pass this test without having to score enough points.
The DWP has outsourced the WCA ( Work Capabilities Assessment ) to private companies collectively known as the Health Advisory Assessment Service ( HAAS ). You cannot contact them via the UC Journal. Most UC Journal messages go to either Case Managers who are administrators working in very large Contact/Service Centres or to Work Coaches who are based in Jobcentres and generally are of little use for anything complex.
In my opinion the most important element of illustrating " substantial risk " is to get written endorsement from a medical practitioner. When approaching a psychiatrist , CPN or psychiatric Social Worker for a letter of support I would give them a definitive prompt regarding what you want written. So give full detail of what you require them to write regarding the patient explaining that you are the appointee and that it is needed to satisfy DWP requirements.
As a member of a NHS support group for patients with psychosis I have found the above approach useful.
David
To answer your question - Do I check with the job centre via the Journal that they have assessed her correctly because the Substantial Risk regulation enables her to pass this test without having to score enough points.
The DWP has outsourced the WCA ( Work Capabilities Assessment ) to private companies collectively known as the Health Advisory Assessment Service ( HAAS ). You cannot contact them via the UC Journal. Most UC Journal messages go to either Case Managers who are administrators working in very large Contact/Service Centres or to Work Coaches who are based in Jobcentres and generally are of little use for anything complex.
In my opinion the most important element of illustrating " substantial risk " is to get written endorsement from a medical practitioner. When approaching a psychiatrist , CPN or psychiatric Social Worker for a letter of support I would give them a definitive prompt regarding what you want written. So give full detail of what you require them to write regarding the patient explaining that you are the appointee and that it is needed to satisfy DWP requirements.
As a member of a NHS support group for patients with psychosis I have found the above approach useful.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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