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ESA Support Group to UC problems
- revans
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3 months 2 hours ago #294279 by revans
ESA Support Group to UC problems was created by revans
My partner is on old style ESA (both CB and IB), is in the support group and has maximum indefinite DLA award on both components. He has just moved in with me which has triggered a UC joint claim (this is a change of circumstances only and his ESA claim is continuous). ESA confirm that he remains in the support group and is therefore protected and should go into the UC LCWRA group even though his ESA WCA was due Dec23 (he is on a waiting list to be reassessed). UC however, refuse to accept protection transfer and are insisting he get a Fit Note and that he needs to sign Work Commitments (for full time work) before they will release a payment. We have ESA and DLA paperwork dated this month that proves both statuses but they are saying this is irrelevant. How can we challenge this? He has a face to face next week? He has an appointment with his new GP next week to discuss a Fit Note. We have heard regulation 19 and Regulation 6 (2) (r) quoted as possibly relevant, could someone possibly advise as to how we approach this with UC to ensure he gets the protection he is entitled to and they don't hold up our payments?
Regards Rachel
Regards Rachel
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- David
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2 months 4 weeks ago #294285 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic ESA Support Group to UC problems
Hi revans,
The relevant UC legislation in your situation is Regulation 28 (5) (b)(i) of the Universal Credit Regulations.
www.legislation.gov.uk/uksi/2013/376/regulation/28
This states:
‘Regulation 28
(5) Paragraph (1) also does not apply if—
(a)the claimant is terminally ill; or
(b)the claimant—
(i) is entitled to an employment and support allowance that includes the support component or the work-related activity component’
You are supposed to make a Mandatory Reconsideration within 30 days of a DWP decision.
But what your partner can do first is send a message using his UC account, but on the menu don't choose " Work Coach " but " Payments ". This means that the message will go to the UC Case Manager.
Your question should be when your LCWRA element will commence payment. You can also quote Regulation 28 (5) (b)(i) of the Universal Credit Regulations.
The reason for routing the message to the UC Case Manager is that Work Coaches are badly trained in Benefits Law.
Hopefully the Case Manager will agree that you have the LCWRA element and also tell you the start date of payments.
David
The relevant UC legislation in your situation is Regulation 28 (5) (b)(i) of the Universal Credit Regulations.
www.legislation.gov.uk/uksi/2013/376/regulation/28
This states:
‘Regulation 28
(5) Paragraph (1) also does not apply if—
(a)the claimant is terminally ill; or
(b)the claimant—
(i) is entitled to an employment and support allowance that includes the support component or the work-related activity component’
You are supposed to make a Mandatory Reconsideration within 30 days of a DWP decision.
But what your partner can do first is send a message using his UC account, but on the menu don't choose " Work Coach " but " Payments ". This means that the message will go to the UC Case Manager.
Your question should be when your LCWRA element will commence payment. You can also quote Regulation 28 (5) (b)(i) of the Universal Credit Regulations.
The reason for routing the message to the UC Case Manager is that Work Coaches are badly trained in Benefits Law.
Hopefully the Case Manager will agree that you have the LCWRA element and also tell you the start date of payments.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gaddy
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2 months 4 weeks ago #294288 by Gaddy
Replied by Gaddy on topic ESA Support Group to UC problems
Hi David,
Can I ask if you know how common it is for the UC Work Coach to be so poorly trained they ignore/are unaware of the legislation that protects those of us that are being forced to migrate please?
This fear that we will have a battle on top of already feeling incredibly stressed about the migration just has a knock on negative affect when we are already trying to manage our health conditions.
Thank you,
Gaddy
Can I ask if you know how common it is for the UC Work Coach to be so poorly trained they ignore/are unaware of the legislation that protects those of us that are being forced to migrate please?
This fear that we will have a battle on top of already feeling incredibly stressed about the migration just has a knock on negative affect when we are already trying to manage our health conditions.
Thank you,
Gaddy
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- David
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2 months 4 weeks ago #294291 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic ESA Support Group to UC problems
The answer to your question is straightforward. Work Coaches are trained to make directing claimants into paid employment their priority. This is how they are assessed by their managers. UC case managers are trained on the other hand in Benefits law and their priority is making the correct payment to the claimant.
Work Coaches do have other roles but the priority is always signposting or " coaching " the claimant into work.
Work Coaches do have other roles but the priority is always signposting or " coaching " the claimant into work.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gary
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2 months 4 weeks ago #294292 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA Support Group to UC problems
Hi Gaddy
That is the 6 million dollar 💵 question.
I did ask this question at a DWP event I was at a few weeks ago, but never received a reply.
It is a problem we are aware of, and it is frequently raised a various levels.
Gary
That is the 6 million dollar 💵 question.
I did ask this question at a DWP event I was at a few weeks ago, but never received a reply.
It is a problem we are aware of, and it is frequently raised a various levels.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gaddy
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2 months 4 weeks ago #294294 by Gaddy
Replied by Gaddy on topic ESA Support Group to UC problems
Thanks for your reply David even though it confirms I and many others are right to be anxious about what to expect when we start the migration.
Gaddy
Gaddy
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