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UC Managed migration WCA and self employed

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5 months 1 week ago #292373 by James
Hi everyone. I am soon to apply for UC having received my migration letter.

I receive DLA and WTC and able to do some self-employed work when symptoms allow, have some ok days/weeks, and some severely bad days/weeks where I cant work at all, but on average I work around 15hrs pw if looked over a year or so. When I work I am between manageable to bad pain in mutliple parts of my body due to tumours, but I soldier on. In my very bad days/weeks I am in agonising pain crouched in bed trying to find a comfortable position to ease the tumor/nerve pains.

I will obviously have to have a WCA but I am worried about my current work on my good days being used against me in the assessment and having read lots of peoples experiences its clear DWP main principle is pay as few people as possible, as little as possible.

I am contemplating stopping working now, prior to making my claim and until the WCA decision is made. So my work is not used against me. And my condition is only deteriorating, its a progressive genetic disease and lately I really push myself hard to put in the work hours I do and it would be most unfair if its was seen as I am ok to work.

My questions are these.

Would I have to put 'unemployed/not working' on my gateway appointment if due to my condition I feel I can no longer work the 15 or so hours pw that I have done for the past couple of years? I probably could do 5hrs-10hrs pw but then again its with a struggle and I risk having this work seen as 'ok' to work. Is there another option like 'temporarily' unable to work?
2. If I put 'unemployed/not working' will the transitional protection still apply to me or would it be seen as change of circumstances and no longer entitled to it under managed migration?

3. Also if I put 'unemployed/not working' would I have a gateway self employed or other Job Centre work coach appointment in order to sign claimant commitment?

4. Would I have to bring medical evidence to work coach so that commitments can be agreed until the WCA decision?

5. If my WCA is found Fit to Work and I commenced my previous (current) self-employed work, would the 12 monthStart Up (no Minimum Income Floor) period apply to me given its the same work I did previously and not a new one? ie if it was an existing self employed work but the first time it was registered as a gainfully self employed on my claim?

Please if somebody can help me I am trying to think of all the possible scenarios to avoid finding myself in a financial hole. Thank you

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5 months 1 week ago #292401 by Gary
Hi James

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

You raise some very good points in your post but unfortunately they are outside the remit of the forum.

On another note, we could not give you any advice as we do not have all the facts, to get WTC you need to be working 16 hrs pw depending on your circumstances, we would advise you to seek advice from your local Welfare Rights Organisation; advicelocal.uk , they will be able to take all your information into consideration.

Gary

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

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