The DWP claims to have applied a ‘fix’ to the problem of employment and support allowance (ESA)  claimants who are migrated to universal credit (UC)  being unlawfully asked to provide fit notes.

ESA claimants should not be required to produce fit notes when they are subject to managed migrated to UC and ESA claimants in the support group should not be required to undertake any work-related activities.  This is because an ESA claimant’s work capability status travels with them when they are migrated.

But, as regular readers will be aware, there have been many instances of work coaches demanding fit notes as well as trying to impose work-related requirements on former support group members during claimant commitment meetings.

On 16 October Neil Couling, the head of the DWP’s UC team admitted on X  that the DWP were getting it wrong and that a “tactical fix” would soon be applied, followed by a full system fix.

On 27 November, again via X, Couling stated:

“So we deployed the new feature (fix) on Monday to allocate people, who declare as formerly in receipt of ESA, to the correct conditionality group (after a check they were on ESA). It’s a “fix forward” so cases were already in the system they will need the manual correction.”

This should mean that ESA claimants who made their claim for UC from Monday 25 November onwards will not be asked for a fit note and will be placed in the LCW or LCWRA group of UC, as appropriate.

Judging by the very small number of readers we have heard from who have received their managed migration notice over the last month, the ramping up of ESA claims to 63,000 a month by February has yet to begin.

Instead, it seems that the DWP is still in the “test and learn” phase, as it tries to ensure that the department is not deluged with problems and bad publicity when it begins to try to meet the entirely unnecessary deadline of sending all income-related ESA claimants a migration notice by the end of December 2025.

We’ll be watching carefully to see if this particular fix has actually worked,, please share your experience with other readers here.

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  • Thank you for your comment. Comments are moderated before being published.
    · 2 hours ago
    We were on ESA and completed a  mandatory migration on the 13th November. My husband was recieving contributions only and has  been requested to provide a fit note at the last minute, despite being told we would not need to do so. The request was also put in the journal section, not the to-do section so we may not have Seen it. Luckily we did. They've since moved it To the to do list. 
    Should we make a complaint?
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    We've gone through the mandatory migration last week. Whilst it's unnecessary complicated( even the advisor we dealt with admitted that). 

    I was transferred from the ESA support group into the UC equivalent without being asked to provide a fitnote
  • Thank you for your comment. Comments are moderated before being published.
    · 7 days ago
    A group of people who are continually overlooked are those that have had to migrate from Disabled Persons Working Tax Credit to UC. My daughter had to migrate in March this year, having ‘ graduated’ through ESA Work Related group through to Permitted Work to Disabled Persons Working Tax credit 9 years ago, and has held her 20 hour employment with the same company all that time. Now she is asked to provide a FIT Note and undergo a WCA!! Its like snakes and ladders. 

  • Thank you for your comment. Comments are moderated before being published.
    · 7 days ago
    My experience is that I've been on old-style contribution-based ESA in the Support Group for years, but only qualified for and claimed UC earlier this year. I was over the savings limit before, so wasn't getting anything means-tested. I was told to provide a fit note twice, while at the same time continuing to receive my ESA and also an extra UC amount due to my LCWRA. When my last fit note was about to expire I applied for a new one. While waiting for the GP to issue it, I told UC it was on the way, but got a message stating I didn't need to provide sick notes because I already had LCWRA status based on my ESA award. I did ask them to double check this and they confirmed I didn't need to. 
    Before I supplied them with the first sick note, I went round in circles with UC for weeks, trying to argue that there was absolutely no legal basis for their demands for a sick note, because I was already on ESA, but got nowhere and ended up supplying them anyway so I could get my UC. I knew they must be wrong, because it would be impossible to have two parallel fitness for work assessment systems running for the same claimant. I asked them hypothetically what they would do if one assessment system found a person in my position to have LCWRA and the other system deemed them fit to work, to illustrate why it simply wouldn't be feasible. The people I spoke to either didn't understand the question or knew I had a point but weren't allowed to admit it. 
    I knew they were wrong, and was only going along with supplying sick notes so I could get UC. At least they seem to have sorted it now. 
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    I have migrated today and can confirm that it stated on the application that a fit note will not be requested when migrating from ESA to UC.
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    I was 'forced' to begin my ESA TO UC migration, all went well except i wasnt moved to UC in replacement of my ESA, instead i was moved to the New Style ESA (No longer income related). Im still in LCWRA group. So i receive new style esa and uc replacing the other benefits.

    I was told im due an ESA review in a year but i was informed they are over 3yrs behind with reviews.
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    Can anyone help please. I was receiving contribution based ESA support and housing benefit. I got a migration notice and applied for UC. The UC put me in the support as well after arguing. I have now got another appointment telling me that I am claiming new style ESA. I keep telling them that since I am already on CB esa which is not migrating, no change in circumstances why am I being put to claim new style esa. They won’t listen and told me if I don’t have the interview I will have sunctions. I am so worried and don’t know what to do. My appointment is next week. Anyone know the exact regulations for this so I can check? Please help…Thank you 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @nikosuk Hi, CB is replaced by New Style ESA. Income related is paid within UC so can be split payments but UC then deducf the CB (New style ESA) from the UC amount. It’s very confusing.
  • Thank you for your comment. Comments are moderated before being published.
    · 10 days ago
    I had a Esa review form back in January this year  still not heard back. When you phone , recording is for them to get in touch,  get payments still. I had 2 weeks to get it back due to Christmas post,  and waiting for nearly a year to hear back. My conditions have worsened.  Sent load of evidence. 

    • Thank you for your comment. Comments are moderated before being published.
      · 10 days ago
      @Andi And you've been waiting for their letter calling you in for a reassessment every day since January! That's stressful.
  • Thank you for your comment. Comments are moderated before being published.
    · 11 days ago



    https://www.thecanary.co/uk/news/2024/11/26/fraser-nelson-dispatches/

    Channel 4 just gave Fraser Nelson a show about disability and benefits. For shame

    A new Channel 4 Dispatches documentary claiming one of the biggest challenges to the Labour Party government is people on long term DWP sickness benefits will air on Monday 2 December. However, the man heading it up is none other than
     ToryBoy psuedo-academic Fraser Nelson 


    Let us spell this out. Channel 4 got the former editor of the rightwing benefit claimant-bashing Spectator to host its documentary on so-called economic inactivity. Did we mention, that would be Fraser Nelson who has also penned hit pieces for the Torygraph? Yep, yet another right-wing shitrag punching down on chronically ill and disabled people for a past-time:


    Sadly, as most disabled benefit recipients are fully aware, expect more of this type of nasty right wing journalism over the next year 
    • Thank you for your comment. Comments are moderated before being published.
      · 10 days ago
      @Harry More rubbish my advice to anyone is avoid it. It's just to attack people to create bad feeling. It's the system that's badly administered not the people lawfully using it. Won't be wasting my electric or life watching this. 
  • Thank you for your comment. Comments are moderated before being published.
    · 12 days ago
    Call me cynical about the "fix" but mentioning regulations 19 and 44 in the journal is probably still a wise idea. 
  • Thank you for your comment. Comments are moderated before being published.
    · 12 days ago
    I get Income related ESA and Housing Benefit. I recently had my migration to Universal Credit notice on 14 Nov 2024. Anyone know when this group was due to migrate? I heard it was 2028? It does look like the ramping up has begun? 
    • Thank you for your comment. Comments are moderated before being published.
      · 12 days ago
      @Jamie The fact that you received your migration notice more than two weeks ago should suffice to answer your question.

      However, it's scheduled from September 2024 with the aim of contacting everyone in this group by December 2025.

      Hope this helps.
  • Thank you for your comment. Comments are moderated before being published.
    · 12 days ago
    That article is 3 years out of date
  • Thank you for your comment. Comments are moderated before being published.
    · 12 days ago
    What  does this mean, they are no  longer going to rush the process through?  https://www.disabilitynewsservice.com/dwp-promises-to-go-slow-slow-slow-slow-on-universal-credit-managed-migration/
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    I wonder what the fix is?

    Something like perhaps "Are you currently claiming Employment and Support Allowance?"

    This would let the system/work coach know not to ask for a fit note until these details have been verified.

    It couldn't be that simple, could it?

    Remember it's the DWP we are talking about.
    • Thank you for your comment. Comments are moderated before being published.
      · 12 days ago
      @Jonno the migration questionaire asks this question when you apply for UC afaiu. it until recently, in some cases, seems those processing the migrations weren't taking this into consideration, so maybe it's an visual fix, if c says yes are on inc based esa either in lcw or lcra then flag to work coach/other processor of new claim, show them regs or other message saying no need for fitnote etc, or better still, electronic check to block processor from asking for fn or denying lcw or lcwra after proof is on esa from claiment or by other dwp verification of c's migration from inc based esa. if it's an electronic fix they've implemented, probably is due to scales, it's probably the latter of my suggested two. also it wouldn't take much to have old system speak to new, or to let claiment upload proof of current esa claim for verification. 
    • Thank you for your comment. Comments are moderated before being published.
      · 12 days ago
      @MrFibro Maybe they’ve switched the server off and then back on again….
    • Thank you for your comment. Comments are moderated before being published.
      · 12 days ago
      @Jonno Their fix sounds to me to be a stitch up.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    I will do next year in 2025 I’m currently in the esa work activity group and live in the Blackpool south area not had the letter yet 
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    How does this affect contributions based ESA?
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @Clare It won't UNLESS you also claim Income Based ESA ( some get both ) in which case UC replaces that part only. You still get CB or NS ESA..

      Only other cases are the "HB Only" ones. These are those that get CB ESA ( or other Non Income Based benefits or are on other Low income or wages ) but also HB. They have to migrate due to the HB as it's ending. These began in June/ July and will continue during 2025.
  • Thank you for your comment. Comments are moderated before being published.
    · 13 days ago
    Big thanks to @rooneygmusic who's tireless work in this area was instrumental in making this happen. ( and who I have the great honour of knowing ) 
    • Thank you for your comment. Comments are moderated before being published.
      · 12 days ago
      @BOB Yeah rushing 63000 claimants per month.  No wonder nothing is going right.
    • Thank you for your comment. Comments are moderated before being published.
      · 13 days ago
      @Jilly I really hope labour gets it right when they are discussing how to change the WCA don't know if the changes will affect new claimants only. They need to have discussions with disability charities and get opinions from the sick and disabled on what help they would like to happen. The migration from ESA claimants to UC I think they should pause until they get on top of other problems the DWP have. I know people that have been waiting for over two years to get re assessed due to change of circumstances. They are backlogged like you wouldn't believe.  They are trying to rush through things but getting into a mess 

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