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UC Review Phone Call
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2 months 2 weeks ago #299070 by Anisty
UC Review Phone Call was created by Anisty
Hiya, this is an interesting post to me and i hope you don't mind my jumping on board.
My son is under a welfare guardianship (the Scottish equivalent of LPA)
I am also his appointee for DWP. He is not under a financial guardianship, only welfare.
When he applied for UC, he underwent the work capability assessment in the normal way and was LCWRA.
I never thought to mention the guardianship - as you might recall, David, his UC has been stopped for now and i was under the impression he'd need to undergo another work capability assesst if i helped him claim again.
But - with the guardianship - would that not be so?
My son is under a welfare guardianship (the Scottish equivalent of LPA)
I am also his appointee for DWP. He is not under a financial guardianship, only welfare.
When he applied for UC, he underwent the work capability assessment in the normal way and was LCWRA.
I never thought to mention the guardianship - as you might recall, David, his UC has been stopped for now and i was under the impression he'd need to undergo another work capability assesst if i helped him claim again.
But - with the guardianship - would that not be so?
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- David
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2 months 2 weeks ago #299075 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC Review Phone Call
Hi Anisty
I do not have much experience of the Scottish Welfare Guardianship but I am sure that it does not provide exemption from a DWP medical assessment.
David
I do not have much experience of the Scottish Welfare Guardianship but I am sure that it does not provide exemption from a DWP medical assessment.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Natasha
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2 months 2 weeks ago #299080 by Natasha
Replied by Natasha on topic UC Review Phone Call
Hi Anisty, not sure if this is helpful or not ....
I have a financial LPA for my sister (England). We still had an original WCA assessment but it meant I could do the assessment on my sister’s behalf without her having to attend.
Her UC is now being reviewed and they have stated she needs to attend the upcoming appointment which I am trying to contest as that shouldn’t be happening, only I should have to attend due to the LPA in place. My understanding is that the LPA doesn’t prevent the assessment or review from taking place but should mean that only myself as the attorney needs to attend on behalf of my sister.
As mentioned, I have a financial LPA and of course this is in England.
Hope it helps somewhat!
Best wishes, Natasha
I have a financial LPA for my sister (England). We still had an original WCA assessment but it meant I could do the assessment on my sister’s behalf without her having to attend.
Her UC is now being reviewed and they have stated she needs to attend the upcoming appointment which I am trying to contest as that shouldn’t be happening, only I should have to attend due to the LPA in place. My understanding is that the LPA doesn’t prevent the assessment or review from taking place but should mean that only myself as the attorney needs to attend on behalf of my sister.
As mentioned, I have a financial LPA and of course this is in England.
Hope it helps somewhat!
Best wishes, Natasha
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- David
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2 months 2 weeks ago #299091 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC Review Phone Call
Hi Natasha
The following is an extract from the WCA Handbook from the DWP --
A full assessment (Face-to-Face AC or HC Assessment, Video Assessment or
Telephone Assessment) cannot go ahead if the appointee does not accompany the
claimant. If an appointee does not turn up, then normal Failed to Attend (FTA) action
should be taken – the DWP will investigate the conduct of the appointee. The
consultation can only take place if the claimant is accompanied by their appointee.
The appointee should be considered in line with guidance about companions being present
at assessments, except that when the claimant has an appointee, the presence of an
appointee is mandatory for the assessment to be conducted. (See 3.1.3.3 below for
information on companions.) The interview should predominantly be between the HCP and
the claimant where possible. However, the appointee may play an active role in helping
claimants answer questions where the claimant or HCP wishes them to do so. This may be
particularly important where the claimant has a mental, cognitive, or intellectual impairment.
In such cases the claimant may not be able to give an accurate account of their health
condition or impairment, through a lack of insight or unrealistic expectations of their own
ability. In such cases it will be essential to get an accurate account from the appointee.
Where appointees report that a claimant is unable to attend and participate in an
assessment, the Supplier should ascertain:
• whether this is temporary, and whether the assessment could be rearranged; or
• whether an alternative assessment channel would enable claimant attendance and
participation.
Where a claimant’s reasons for being unable to attend and participate are not temporary,
an assessment may go ahead with the appointee only as long as all of the following
conditions are satisfied:
• Issue relates to the claimant’s health condition(s) or impairment,
• It is medically reasonable
• It is not due to choice or convenience.
If evidence to support non-attendance and non-participation is available, then it should be considered and noted.
David
The following is an extract from the WCA Handbook from the DWP --
A full assessment (Face-to-Face AC or HC Assessment, Video Assessment or
Telephone Assessment) cannot go ahead if the appointee does not accompany the
claimant. If an appointee does not turn up, then normal Failed to Attend (FTA) action
should be taken – the DWP will investigate the conduct of the appointee. The
consultation can only take place if the claimant is accompanied by their appointee.
The appointee should be considered in line with guidance about companions being present
at assessments, except that when the claimant has an appointee, the presence of an
appointee is mandatory for the assessment to be conducted. (See 3.1.3.3 below for
information on companions.) The interview should predominantly be between the HCP and
the claimant where possible. However, the appointee may play an active role in helping
claimants answer questions where the claimant or HCP wishes them to do so. This may be
particularly important where the claimant has a mental, cognitive, or intellectual impairment.
In such cases the claimant may not be able to give an accurate account of their health
condition or impairment, through a lack of insight or unrealistic expectations of their own
ability. In such cases it will be essential to get an accurate account from the appointee.
Where appointees report that a claimant is unable to attend and participate in an
assessment, the Supplier should ascertain:
• whether this is temporary, and whether the assessment could be rearranged; or
• whether an alternative assessment channel would enable claimant attendance and
participation.
Where a claimant’s reasons for being unable to attend and participate are not temporary,
an assessment may go ahead with the appointee only as long as all of the following
conditions are satisfied:
• Issue relates to the claimant’s health condition(s) or impairment,
• It is medically reasonable
• It is not due to choice or convenience.
If evidence to support non-attendance and non-participation is available, then it should be considered and noted.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo, Anisty
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