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.
    · 24 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.
    · 24 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.
      · 19 days ago
      @Jon @Jon not yet I’m going to enjoy my last Xmas of peace and quiet and goodwill to all men 
    • Thank you for your comment. Comments are moderated before being published.
      · 19 days ago
      @M shirker Mr shirker have you had your migration letter
    • Thank you for your comment. Comments are moderated before being published.
      · 23 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.
      · 23 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.
      · 23 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.
    · 24 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.
    · 24 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.
      · 24 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.
      · 24 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.
      · 24 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.
    · 25 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.
      · 25 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.
    · 26 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.
    · 27 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.
      · 25 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.
      · 26 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.
      · 26 days ago
      @Jobseeker jeff Im 51 at xmas
    • Thank you for your comment. Comments are moderated before being published.
      · 27 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.
      · 27 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.
    · 28 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.
    · 28 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.
    · 29 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
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    Reiterating 'Disabled Rights' post from earlier here, (for fear of it getting lost/overlooked amongst all the comments). I think it important for all to contact MPs about all this migration mess. Here is 'Disabled Rights' post on why/how/what to write to the MP: 

    'Writing to your local MP is one of the most effective ways to raise awareness about the challenges faced by vulnerable individuals in the ESA Support Group who are migrating to Universal Credit. MPs have a duty to serve their constituents, and it is their responsibility to take action on issues that affect the community. By bringing these concerns to the attention of the government, they can advocate for necessary changes.

    To get started, you can find your MP's contact information on the official UK Parliament website by entering your postcode. This will provide you with their email address, phone number, and postal address.

    When drafting your message, be clear and concise. Begin with a subject line like "Request to Pause Migration of Vulnerable ESA Recipients to Universal Credit." Address your MP formally, such as "Dear [MP's Name]," and introduce yourself as a constituent in their area.

    Next, explain the situation regarding the migration of vulnerable people from ESA to UC, emphasising the distress it is causing. Clearly state your request for the MP to advocate for a pause in this migration process until the DWP and job centres are adequately prepared to support these individuals. If possible, include any statistics, personal stories, or references to reports that illustrate the impact of this issue.

    Conclude your message by thanking your MP for their attention and expressing your hope for their support. Be sure to include your contact information for any follow-up.

    If you don’t receive a response, consider calling their office for a follow-up. If there is still no response, you may want to reach out to the political party of which your MP is a member to express your concerns.'
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    My last comment on this topic seems to me this migration has already turned into a shambles even just with a few hundred people what’s going to happen when a few hundred thousand get called in?ive already made my mind up now think I will just start a new claim and try get back in lcwra again  (that’s if racheal reeves doesn’t demolish it in the budget next week?i was in the esa work activity anyway?
    • Thank you for your comment. Comments are moderated before being published.
      · 25 days ago
      @Rachel @Rachel i know It’s a 3 month wait currently  getting £250 a fortnight a new claim means I would of drop to £200 a fortnight on uc from April next year in the wrag group so not bothered because would still have to go in for interviews anyway only worth fighting it if get lcwra 
    • Thank you for your comment. Comments are moderated before being published.
      · 25 days ago
      @James h You will lose any transitional protection money if you start a new claim and I think you also have to wait 3 months to do that if you decide not to migrate
    • Thank you for your comment. Comments are moderated before being published.
      · 27 days ago
      @James h I hope all goes well for you, stay strong, we will get through this.
    • Thank you for your comment. Comments are moderated before being published.
      · 28 days ago
      @Andy81795 Andy81795 Ok good luck with everything but got to live somehow?im not in a position yet where i could live off savings and  and live in a camper van or a tent lol 
    • Thank you for your comment. Comments are moderated before being published.
      · 28 days ago
      @James h I will just have to kiss goodbye to my income related entitlement. They can shove it. It’s bloody disgusting especially how they have treat the pensioners. I am letting the deadline I have pass, I am not going to have any contact with them, let alone agreeing to any bloody stupid claimant comment, (I might as well be signing on every fortnight, I am supposed to be on a sickness benefit) So I will see what happens after that.
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    I have read all comments and they have help me , My partner of 22 years has suffered with depression, PTSD and some other Medical Issues . I gave my job up 6 years ago to look after them, they were on ESA. We as many other got the letter to migrate over to UC, this is were issues started they called me and said that my partner had to come in to the nearest job centre with documentation of their illness etc. This was to prove they could not work, when I asked why did we have to go all through this again. We were told its a new claim so asked what about all the medical evidence you have, they said it did not matter they will have to do it all again as its a new Claim!!
    I was told if I did not comply They would stop all benefits, so I started to look in to the Law and Yes there it was, My partner was migrating over not a new claim so sadly I have to seek legal help for the torment my partner has been put under
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    Over many years I have won tribunals,Ombudsman cases against a council and an energy company, an IPPC ( now IOPC) case against the police for disability discrimination , challenged HMRC twice and won, and got HM Courts and Probate office to apologise and admit mishandling of documents. The DWP would appear to almost have immunity from individuals persuing a legal case against them, even when they admit the illegality of their actions.
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    Hey guys and gals I went through this last night and got the relevant info from gov.uk website, I pasted this info in my journal to let them know where the law applies for ESA transfers, hope this helps:

    1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have:

 The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or
The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award.

 This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
    • Thank you for your comment. Comments are moderated before being published.
      · 15 days ago
      @Luke I think they are doing it on purpose, just like the sick Tories, we now have the watered down Tory party in labour colours, just another sick government, with hatred towards the sick/disabled.
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @AJ But can they do another assessment if they want to or not?
      I  one of those transferring from ESA contribution based, on tje support group to UC due to HB. 
      They sente a letter that I will have to go to another medical soon. Is that correct? 
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @AJ Well done for researching this topic and posting the information here, why can't the head of UC department relay this information to the operatives under his supervision, job done, or are they wilfully being awkward.
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    surely they should fix the system before migrating anymore people to UC as causes a lot of stress and anxiety if masking a lot of mistakes and staff not trained properly
    • Thank you for your comment. Comments are moderated before being published.
      · 15 days ago
      @Jon Yip so right, nearly over 250 thousand claimants have had their legacy benefits stopped, because they didn't submit a claim before the deadline or just give up their legacy benefits because of the stress of it all, so just think of all that money now saved, but have this government ever thought what or why these claimants didn't claim and what has happened to them,  no they haven't, because like the Tories it's all set up to make people's lives has miserable as possible.
    • Thank you for your comment. Comments are moderated before being published.
      · 27 days ago
      @MrFibro They want people off the books and to disappear into the vortex
    • Thank you for your comment. Comments are moderated before being published.
      · 28 days ago
      @miss anxious This chaos caused by the DWP is all done deliberately.
  • Thank you for your comment. Comments are moderated before being published.
    · 29 days ago
    I did my migration on 17th Sept, everything "completed" in journal. From income support, Housing benefit, I am a full time carer for my adult daughter since birth. The day before my first statement after not requiring any further information or contacting me, everything was fine, I got a message in my journal "we've closed your claim". Since Friday I've phoned every day as I cannot communicate through my journal as claim closed. Nobody, but nobody, the call it a case manager, despite it being "escalated", has gotten in touch to explain. It's obvious an error, I've been left in a state of anxiety and distress having done everything by the book. Unbearable. Bills to pay, rent. Having had to wait 5 weeks, now nothing, no one getting back to me. How to proceed? I wish your site had some support on this, some contact, some emergency advice. You do such great work and I have used your guides for years. Lifesaving. Suggestions please? 
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @I. Hi there, if you are a carer then you could access some advice via your local Carers Centre, or phone the carers helpline for contact. 
      You can also access benefit help from citizens advice.  Some local councils( most) have benefit advisers also. 
      Can you possibly go in person to a job centre? That was helpful for me in the past, though I did have to speak to a manager to get help with my situation.
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @I. Hi I.
      Please post what you have explained here on the main forum and hopefully the Mods will advise you. Its sounding like you need to get your MP involved but I would post on the forum and see what is suggested. I understand how stressed you must be, the migration is causing so many issues for claiments due mainly to incompetent untrained staff. 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    Really helpful comments but can I ask for signposts to where I get legal evidence that my support group status comes with me if migrated, I ask because I want to take it with me if I have to see a work coach
    Is it on this site?
    Thanks everyone who is responding, not being alone is such a help, this site is just brilliant and an integral part of me managing to stay alive in the middle of this.
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @JDromey I'd also like to know about my support grout status coming with me if migrated to UC - currently waiting for a letter. Advice please - was awarded ESA support group some years back for ME/CFS, migraines, incontinence etc but since then my health has worsened and I have a number of other conditions including finally last week a diagnosis of PPPD which really makes daily life hard, together with the ME . I know one is supposed to tell the DWP if your health changes but I am nervous that if I do contact them I may end up being forced to have a dreaded medical assessment and losing my ESA before my UC migration can take place. What is the best thing to do?
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @JDromey Hi JDromey,

      I have printed information from the Government website under Move to Universal Credit if you get a Migration Notice letter. I have also printed off Regulation 19 of the Transitional Provisions Regulations 2014 which confirms our status remains when transferred to UC. It has been quoted on the main forum a few times by one of the Mods when members have raised the issue. 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I’m still waiting to be moved hopefully as long as possible in 2025 but reading all these comments is giving out mixed messages it seems that the Dwp is not recognising the migration and forcing people to start a new claim with fit notes then wca what’s happening?and looking for work with a fit note what’s all that about?
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I have just been told I have to apply for uc and as a result they want proof of my illnesses and will need to attend a wca.I am going to be three hundred pounds worse off a month on uc and I will have to get rid of my old horse which is my therapy that I have owned for 18 years😭I'm amongst other things dieing of incurable blood cancer and as my consultant can't give me a definite die date(within a year is what the dwp want)I get no help that way either.I've worked hard all my life and I'm now 49 years old and this is the final straw 😭
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @Lydsta Thankyou so much,unfortunately from my understanding with transitional protection,it will reduce over time hence I'll be really worse off😭
    • Thank you for your comment. Comments are moderated before being published.
      · 29 days ago
      @Mo I am so sorry to hear that. If you are currently on ESA then you will qualify for transitional protection for payments and receive the same amount as you get now. Have a look on the benefits and work website at the managed migration guide which should help you get what you are entitled to. 

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