The DWP’s “complex needs” safeguard could prevent thousands of vulnerable disabled claimants from losing their benefits when they are forced into managed migration to universal credit (UC).
From February, the DWP aims to send out 63,000 migration notices a month to employment and support allowance (ESA) claimants. It seems likely that some of the most vulnerable ESA claimants, who may not have had contact with the DWP for years, will now begin to be caught in the DWP dragnet.
So, it’s vital that claimants and support workers are aware of the complex needs guidance. This can offer additional help and protection to people who may struggle with making, or maintaining a claim for UC.
Claimants who are accepted as having complex needs are entitled to additional support, including things like:
- Additional time to make a claim
- A home visit
- Communication in alternative formats
Taking your needs into account when considering whether a sanction should apply
There is no strict definition of complex needs, anything that could affect your ability to make and maintain a claim to UC can be considered. This could include issues such as:
- a physical or mental health condition
- risk of suicide or self-harm or risk of harm to others
- abuse of drugs or alcohol
- domestic abuse
- homelessness
- sensory loss (hearing and visual impairments)
- care leaver
- unable to use a computer
- no bank account
If you have already begun a claim to UC, you can report your complex needs in your UC journal and a UC agent must then record these on the support needs section of the DWP’s records.
You should then receive support from a complex case coach.
Complex case coaches carry out ‘investigative work’ to support claimants who are approaching their claim-by date but who have not yet made a claim. This includes claimants who:
- the DWP have not been able to make contact with at all
- have been contacted, but they still have not made a claim
- have additional barriers to making a claim
- have complex needs
Once a claimant has been referred to the complex case coach, they should remain on their worklist until a claim to UC has been completed or their legacy benefits are terminated and no claim to UC has been made.
However, before a complex case coach claim can be closed in this way, there is a process that should be gone through which includes a referral to an advanced customer support senior leader and a review with a Higher Executive Officer.
In some cases, even if no progress has been made, it may be judged that it is not safe to terminate the claimant’s legacy benefits and the complex case coach will continue trying to contact the claimant at semi-regular intervals.
Only after all support options have been exhausted can the claimants legacy benefits finally be terminated.
It is clear that the complex needs process is an important safeguard for claimants who may struggle, especially with the mandatory migration process, but also with the ongoing requirements of a UC claim. If you think they apply to you or your client, ensure that you inform the DWP.
We’ve included more information in our updated 52 page guide to Successful ESA to UC Managed Migration, which members can download from the ESA/UC Guides page
We have also published two DWP documents on complex cases which members can find in the UC Migration Resources section on the same page.
