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Transitional Protection and Work Capability Assessment

  • Laurel
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1 day 14 hours ago #314442 by Laurel
Hi everyone- my daughter had to migrate from Disabled Working Tax Credit to UC over 2 years ago, and has Transitional Protection, but after many cancellations of her assessment by WCA ( 6 times) finally this happened via telephone. Then she had to have a phone conversation with a decision maker. She had previously been through the whole ESA process, done permitted work for a year, and then went onto 16 hours to get Tax Credit, and has bern doing the same job for 10 years.
The WCA assessment has said she does not have limited capability for work, despite her disabilities which are lifelong remaining the same. What will happen to her Transitional Protection now, and will she be expected to work full time, which she cannot sustain?

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1 day 6 hours ago #314449 by David
Hi Laurel

Is she going to challenge the new WCA assessment?
If not then she will have meetings with a Work Coach at the Jobcentre who will try and get her to increase her hours of employment. But she could get a GP's note stating that she needs to work reduced hours because of her health condition.
Is she a single person? Does she pay rent?

David

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  • Laurel
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3 hours 36 minutes ago #314455 by Laurel
Thank you David.yes she is single, lives alone, and for the past 6 years she has managed to buy a shared ownership property so she pays rent, and also a mortgage. This is with money she saved and some help from family. She’s has ASD, ( non verbal learning disorder) and visual impairment since birth, so she is unable to drive, and only has functional use of one eye. She has only had telephone appointments, and comes over quite well, but she is 4’9”. As a result of the condition she was born with, a rare chromosome disorder, she also has osteoporosis. Since migrating to UC she has had 4 different work coaches, none of whom seem disability trained, so if it depends on the work coach, it could change at any time

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1 hour 56 minutes ago #314459 by David
Hi Laurel

To answer your previous question regarding Transitional Protection. If someone is in receipt of a payment of the UC LCW element or the LCWRA element and it is lost then this does not lower the UC Transitional Element provided the UC claim is not closed.

David

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

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