Neil Couling has admitted in a tweet that the DWP is sometimes illegally requiring managed migration claimants to produce fit notes and even agree to work commitments, but claims a fix is on the way.

The problem affects employment and support allowance (ESA) claimants who are being forced onto universal credit (UC) via managed migration.

ESA claimants should not be required to provide fit notes when they are migrated and ESA claimants in the support group should not be required to undertake any work-related activities.  This is because an ESA claimant’s work capability status travels with them when they are migrated.

Yet some DWP staff are forcing ESA claimants to try to get a fit note from their GP.

This is in spite of the fact that the UC claim form specifically tells ESA claimants:

“You told us you are currently getting Employment and Support Allowance (ESA).

“This means you do not have to provide a fit note to tell us about your health condition.”

The DWP’s “Advice for Decision Makers” also confirms that if someone moves under managed migration, their work capability assessment decision under ESA moves with them.

And the Universal Credit Regulations 2013 confirm that ESA claimants take their work capability status with them.

But examples of DWP staff being utterly ignorant of the law are appearing even at this early stage of managed migration.

Edinburgh Coalition Against Poverty (ECAP) have said that through accompanying claimants making UC claims, they have discovered that Edinburgh’s High Riggs and Leith jobcentres “have been illegally trying to force such claimants to obtain a Fit Note from their GP and then go through a work capability assessment.”

Neil Couling, the head of the DWP’s UC team admitted on X on 16 October that the DWP are getting it wrong:

“We aren’t yet into big numbers but to reassure, we have an existing process to catch these cases, not perfect works for most, but you will see cases when doesn’t. Given volumes going up we are developing a tactical fix, to catch all, as I write, with a full system fix due later.”

The fact that the DWP need to create a software fix to prevent staff getting such a basic aspect of managed migration wrong, because they are incapable of training their staff to get it right, says a great deal about how unready the DWP are for “volumes going up”.

Meanwhile, anyone caught in this “test and learn” phase of managed migration is advised to make a note in their journal that, by law, they do not have to provide sick notes and also to state which group – limited capability for work or support group – they are in for ESA and that they must legally be migrated into the corresponding UC group.

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  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    Just been to migrate to universal credit at the job centre one of the questions asks you to list disabilities also you can leave messages on journal regarding your health just have to wait until they contact me regarding identification
  • Thank you for your comment. Comments are moderated before being published.
    · 21 hours ago
    This as happened to my partner he is in the esa support group  twice in the last week he  as been asked about what work he is looking for  planning on doing he suffers from memory loss  the dwp are totally useless in there response I have had everything from he as to look for work (been in the support group means nothing) to it a computer fault  to we can't find his records even by the dwp standards it a mess we are now been threatened with sanctions if he does not prove he s looking fir work they do not know what they are doing 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Jason Hi Jason, you need to make a complaint on your journal.If you post on the main forum I'm sure one of the Mods can advise you the best way to make a complaint to get it rectified. It keeps happening to people and it is against DWP regulations for work coaches to ignore Support Group status when migrating to UC.
    • Thank you for your comment. Comments are moderated before being published.
      · 14 hours ago
      @Jason @Jason Sorry to hear that I know the Dwp is a shambolic institution they lost my medical records a few years ago still waiting to be moved myself really not looking forward to 2025 but I shall enjoy my last Christmas of peace and quiet
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Just had this happen to me this morning so I've copied and pasted all of the info and also told work coach that my uc application told me since I claim esa I don't require a fit note. Also told him regulation 19. Just absolutely beyond appalling how there is no communication at all and staff don't know any of the rules in place it's not fair or acceptable to do this to vulnerable people!! How have they done this roll out and accelerated it when there's clearly huge issues and zero training. I am so glad I know my rights and laws to quote them cos they really will destroy anybody who doesn't know there right.
  • Thank you for your comment. Comments are moderated before being published.
    · 2 days ago
    If they insist you need to send a fit note or see a work coach, is there anything that the claimants can redirect them to like a Gov article with the right information?
  • Thank you for your comment. Comments are moderated before being published.
    · 2 days ago
    Back again to warn people to be careful. My entitlement is around £2290 as I have disabilities so does my child. Yet they've offered me a benefit transfer advance of £1000 and not even close to my entitlement everything is verified so I have to now suffer for 6 weeks once I pay rent I'm essentially gonna have to use food banks and won't afford heating as don't get pip for another 2 weeks. This system is horrific :( how can they give me an advance that's 75% less than what I have been getting every month in legacy benefits. Not to mention forcing me to go do a commitments interview??? Surely this isn't right. And NOBODY answers the journal entries. 
  • Thank you for your comment. Comments are moderated before being published.
    · 2 days ago
    horrendous. I migrated and verified
    me and my child online.yesterday and
    my advance amount is 500 less than 1
    should get. Within 2 minutes of applying
    was sent a job centre appointment to
    accept commitments despite me being
    agrophobic and being in support group
    for 9 years! Where are the reasonable
    adjustments for disabled people it's
    inhumane. ï've left a journal not and
    asked can I accept the commitments via
    video call or telephone. Why do they
    insist on ill people attending job centres.
    Whole thing is a farce and needs to be
    paused before they harm anymore esa
    support group claimants. There is zero
    support for us moving over and they are
    treating us as job seekers. I also see my
    transitional protection isn't added yet
    nor is my limited capability which I
    should have automatically due to being
    in support group. I also have to pay my
    rent our the advance which leaves me 500 worse off due to missing the transitional amount and the limited capability amount!! Also not to mention the disabled child element for uc is considerably less than the disabled child amount for tax credits 
  • Thank you for your comment. Comments are moderated before being published.
    · 2 days ago
    I have had a nightmare transferring over from IR ESA as dwp told UC I was on CB based ESA which has never been the case.  I am currently undergoing cancer treatment and I have to send multiple messages daily through the journal as they have not sorted this out.
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    what concerns me is after being migrated are they going to wait a few months and then trigger reassessments to get people who havent had a reassessment in a long time kicked off LCWRA group? 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @bobtehbuilder They will. Labour isn't after getting people off UC but getting people on to the lowest level of UC to save money. Whereas the Conservatives said they'd existing claimants alone. As I've said before, Labour are not our friends.
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    The best way to deal with dwp mal-administration is to stand firm and stick to the law. Irritating people, wasting gps' time and wearing ourselves out with tactics is not a good idea. We should not be accommodating incompetence by playing any kind of game. The regulations are clear, and we can all be certain now that esa support group requires neither fit notes nor work search commitments during the managed migration process. 

    There is enough press coverage and acknowledgement from even dwp to mean we can insist on due process. 
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    I wonder why  Neil Couling would say they are working on a fix to catch everyone that transfers over. Hardly seems likely they would be doing this if they are planning on giving everyone work commitments.

    However, the DWP aren’t really known for their integrity.
    • Thank you for your comment. Comments are moderated before being published.
      · 3 days ago
      @Anon The DWP are known for saying one thing and doing other things.
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    The dishonest thing of Liz Kendall is that she parrots that they'll create "good jobs that pay decent wages".

    Why can't they provide such "good jobs that pay decent wages" to the millions of people who are working on the minimum wage!
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    Incidentally, I have tried not to post anything negative as Im fully aware how this affects severely disabled benefit claimant especially with serious mental health problems.

    Sadly this absolutely pure evil governments welfare policies are making it extremely difficult to not do so.
    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @M shirker I was diagnosed also with depression in 2004 but in between working was on JSA back then before my psychzophrenia diagnosis in 2013 and onto disability benefits I have had my migration letter for 5 weeks going to nearby job centre next week to complete online migration
    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @Jon @Jon had my Austistic spectrum diagnosis back in 2013 then before that I used to go down with depression on the old incapacity benefit well it was easy back then I just had my 50th last month I to would be interested in part time work it depends on the work coach and the rules etc 
    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @M shirker Yes I wasn't diagnosed with my condition until 2013 so I was on the work program prior to that
    • Thank you for your comment. Comments are moderated before being published.
      · 3 days ago
      @Jon @Jon Yea sounds awful back in 2015 the work program were sending me very personal nasty threatening letters saying they were going to come round to my flat if I didn’t comply so I had to involve police then doctor all stopped eventually but the some of the low level tactics they tried to use 
    • Thank you for your comment. Comments are moderated before being published.
      · 3 days ago
      @M shirker I went on work program 6 months voluntary work or 35 hour a week job search did both for 75 pounds a week JSA they were the days a rotten time no money
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    My personal advice if this happens
    (As previously posted)


    Irritate them. Go to your doctor more often and say, sorry doctor, I'm here more often due to the DWP's new policies that its seriously worsening my medical condition and significantly affecting my health and wellbeing.


    If you have carers under Social Services ask your doctor to have new reviews from both Social Services and Occupational Therapist (get a copy of both reports especially your new care plan)

    Remember if your care plan has increased care hours most people, who may be paying privately,may now have to get help with the new costs etc


    You can then make an official complaint to them all that this would not occur if the DWP had left you alone and its costing taxpayers more by this Government using the DWP to implement these heinous measures.


    Finally also complain to your MP that by Implementing these horrendous measures its costing the taxpayer much more for the reasons given above and obviously your health is significantly deteriorating because of them.

    Your sole focus is to manage your health/medical conditions 24/7 definately not look for work related activities
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    Benefit reform is also set to be accelerated this year, with 800,000 people on the old Employment and Support Allowance (ESA) benefit to be moved onto Universal Credit (UC) from this autumn instead of 2028.

    This move will bring more people into a modern benefit regime, continuing to ensure they are supported to look for and move into work.

    From : DWP news 28/10/2024



    Is this the reasons why the Work Coaches  and Case Managers are deliberately ignoring Regulation 19 ;
    They are fully aware what's in the upcoming Get People working White Paper ie the DWP are going to implement work commitments for those in the LCWRA group ?
    Presently there are no work commitments or Work Focussed Interviews etc





    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @Harry I should add that this govt have a habit of announcing stuff that's already been announced. So this 800,000 could be what we already know, or it could be an escalation of the migration process. I doubt we'll get confirmation from the DWP, which doesn't help!
    • Thank you for your comment. Comments are moderated before being published.
      · 3 days ago
      @Harry So they are going to start speeding migrations?! Again, I have to say the Conservatives were the least worst option!
    • Thank you for your comment. Comments are moderated before being published.
      · 3 days ago
      @Harry I know a work coach who lives opposite me, they don't get to know anything until they are told just before policies are implemented.
  • Thank you for your comment. Comments are moderated before being published.
    · 4 days ago
    Just out of interest has anyone who has migrated over to universal credit had any hassle off the work coaches and been asked to produce a CV and look for jobs
    • Thank you for your comment. Comments are moderated before being published.
      · 4 days ago
      @Jon Yes, I got that to fill in and then attend a meeting. I questioned it as I'm in the support group and they said they would discuss my situation at the meeting. I put in for the carers element of UC as my partner is also disabled and that cancelled it off my journal. If you have a limited capability for work status, then question it in your UC journal and see what they say?
  • Thank you for your comment. Comments are moderated before being published.
    · 5 days ago
    I'm on esa support group and child tax credits disabled child. I've had my notice and I'm so scared. I have bipolar and other mental health. I really will not provide any fit notes they'll be getting told straight Regulation 19. They get away with fat too much. The whole thing is a joke and detrimental to vulnerable people :(
  • Thank you for your comment. Comments are moderated before being published.
    · 6 days ago
    On my comment below meant to say universal credit and not esa
    • Thank you for your comment. Comments are moderated before being published.
      · 4 days ago
      @Jobseeker jeff I live in Nottingham got letter to migrate 5 weeks ago going to go to job centre next week too fill out online application
    • Thank you for your comment. Comments are moderated before being published.
      · 4 days ago
      @Jon @Jon I live in Blackpool not had the letter yet plenty of part time work in hotels and restaurants and lots of doctor surgery’s so if having problems just move to another one the job centre is rotten here but they all rotten lol 
    • Thank you for your comment. Comments are moderated before being published.
      · 5 days ago
      @Jobseeker jeff Im 51 at xmas
    • Thank you for your comment. Comments are moderated before being published.
      · 5 days ago
      @Jon @Jon Yes I know it’s difficult nowadays I’m the same it depends on your age I’m 55 and not worked for 25 years but suppose if I was 18 again I would study computers at university and emigrate  aboard I wouldn’t go threw all this again 
    • Thank you for your comment. Comments are moderated before being published.
      · 6 days ago
      @Jobseeker jeff Sadly Jeff my doctor is often asking me if I'm working so got no chance of sick or fit notes mind you I am interested in part time work with help but have a ten year plus gap in CV and am without up-to-date references
  • Thank you for your comment. Comments are moderated before being published.
    · 6 days ago
    I suggest all of you please write to MP or email them to paused ESA to UC until 2029. The system isn't working under regs 19 from ESA to UC. Jobcentre never heard of regs 19 for god sake - they never trained!

    JCP send me UC50 now. Migrated from ESA to UC and JCP will take no noticed of regs 19 because the UC is a new claim. BLOODY BLOOD ON THEIR OWN HANDS
  • Thank you for your comment. Comments are moderated before being published.
    · 7 days ago
    All this pallaver over sick notes I got my migration notice 5 weeks ago glad I didn't rush into it going down to job centre to complete migration early november
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    Thanks for the advice, the way people are being treated is appalling and dangerous, but we have help from this site and each other so we are not alone

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