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I'm an appointee and had to agree commitments on behalf of my daughter

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3 months 4 weeks ago #293498 by SomeonesMother
I'm an appointee for my daughter who has learning disabilities. I attended the first commitments interview with her today. She has been signed off by the GP for 6 months. I showed the agent a copy of ADM Chapter J1: The claimant commitment, section this states: Appointee in place J1022 If the claimant has an appointee in place this would usually indicate that the claimant lacks the capacity to accept a claimant commitment. Some such claimants may wish to do voluntary work-related activity (see further guidance in ADM Chapter J3) but the requirement to accept a claimant commitment would be waived. An appointee is not required to accept a claimant commitment on the claimant’s behalf and should not be asked to do so. Notwithstanding this information, I was told that I had to accept a claimant commitment and my daughter has a work-focussed interview booked for 3 months time. As her sick note is for 6 months and she lacks capacity, this is surely wrong. The agent told me that I would receive a UC50 form to complete in the post. Should I quote J1022 in the journal comments? I don't know what to do next

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3 months 4 weeks ago #293500 by BIS
Hi SomeonesMother

I would definitely mention it in the journal. I also think you should put in a formal complaint. I accept that you may not have the energy or the will to, but there is no way you should have felt pressured to accept something you legally don't have to. The agent, in my view, is either ignorant and therefore needs training or chose to willfully disregard the guidance. Neither option is good.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 months 4 weeks ago #293518 by SomeonesMother
This is my daughter's commitments:
Your commitments
Accepted on 18 July 2024 by an agent

Activities
What I'll do
I'll review and complete any work-related activities listed in my work plan.

My work coach and I will discuss these activities.

Hours per week
I'll spend 35 hours a week looking and preparing for work.

Meetings with my work coach
I'll attend and take part fully in all meetings with my work coach. I'll tell my work coach immediately if I can't do this.

Using my online account
I'll sign into my account often to:

complete all activities in my to-do list
report changes to my circumstances promptly, including changes to work
If I cannot get online, I'll report any changes by calling Universal Credit.
Her work plan:
Work plan
Created by an agent on 18 July 2024

Jobs
I am not required to look for or apply for jobs at this time. My work coach will tell me if this changes.

I will review my commitments and meet these responsibilities.

Activities
I have not discussed any mandatory activities.

Voluntary activities
I've agreed with my work coach that I'll also:

I will consider what kind of things I like doing. For example, cooking, speaking to people, being outside. I will note them down ready for discussion with my work coach at my next appointment.
I will consider what skills I have. For example, cooking, speaking to people, being outside. I will note them down ready for discussion with my work coach at my next interview.

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3 months 4 weeks ago #293541 by Gary
Hi SomeonesMother

We cannot answer your question as we do not know your daughter, we would advise you to seek advice from your local Welfare Rights Organisation; advicelocal.uk

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 months 4 weeks ago #293546 by Gaddy
Hi SomeonesMother,

I am no mod, just a forum member but I would most certainly seek advice from Welfare Rights over this. According to legislation you do not have to accept a claiments commitment on behalf of your daughter yet this advisor has insisted you do.
At least there is no job search requirement but you have a 6 month fit note and according to the committment she must spend 35 hours a week considering what things she likes doing in preperation for the next appointment. Or have I read that wrong?
You need clarification for sure before you can complain or take it further.
Please update us as to how you get on, it could be very useful to other members I'm sure.

Good luck,

Gaddy
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3 months 4 weeks ago #293548 by SomeonesMother
I've email my local Citizen's Advice Bureau and I will update you on their reply and how I get on. The agent was really pushy, she wanted to book a work-focussed appointment for a month's time! But agreed on 3 months. I blame myself, I should have been more assertive, but it's a difficult situation to find yourself in.
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