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.
    · 8 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.
    · 8 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.
      · 3 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.
      · 4 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.
      · 5 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.
      · 6 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.
      · 7 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.
    · 8 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.
    · 8 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.
    · 8 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.
      · 8 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.
      · 8 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.
    · 8 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.
    · 8 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.
      · 8 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.
      · 8 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.
    · 8 days 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.
      · 8 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.
      · 8 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.
    · 8 days 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.
    · 8 days 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.
      · 8 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.
      · 8 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. 
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    I'm in the initial stage of migrating to UC as I received notice to do so due to receiving Housing Benefit. I also receive contributions ESA and am in the non working group and have been for several years. Despite this at my proof of ID meeting at Durham job centre last week the advisor insisted I would both have to start looking for work and provide a fit note which is a contradiction in itself. And would not listen to me stating that, after reading your info and speaking to Fitzgerald l Citizen's Advice Bureau, this wasn't the case. It was super stressful and it still states on my UC account that I will be having a meeting to start this which is bonkers.
    • Thank you for your comment. Comments are moderated before being published.
      · 7 days ago
      @MD Just to say I've now had my phone meeting with the job coach cancelled and was asked to accept the commitments in the UC journal thing so that they can pay me. So I have, I'm hoping this is a good thing and they've realised that job search is irrelevant for me? Does anyone know?
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
       if anyone going from ESA to UC is asked to  supply fitnotes it is the fault of  the staff asking  not knowing enough  about the transfer  , it is not the DWP as a whole
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @aa The DWP are supposesd to train their staff to know about the transfer. So yes, it is the DWP as a whole.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @aa It absolutely is the fault of the DWP for not training their staff enough to know what they are doing. Giving the DWP as an organisation for this is BEWILDERING 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @aa While it is the fault of the staff asking, it's also the fault of the DWP for a: not training their staff properly in the first place, and b: allowing them out front to deal with claimants when they aren't properly trained.
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    Just been migrated to UC from income support.  I am a carer for my 104 year old Mum, but receive PIP for my own chronic (and deteriorating) health conditions.  Had to provide a FIT note, although GP couldn't understand why and advised me to see my MP, as they have all patients experiencing this during migration. Now completing the UC50 questionnaire, to assess my fitness for work.  If I am found fit for work, what happens to my Mum?
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @chezza1959 If you claim the carer's element of UC or carer's allowance then you shouldn't be asked to look for work anyway.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @chezza1959 Do you receive Carers Allowance? If so you shouldn't be asked to look for work.
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    Hi, I have just migrated but from income support with a disability component as my husband claims for us, but now I have to provide fit notes and fill out the us50 form.
    Do I come under the same rules ??
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    I've just been migrated over from legacy benefits (income support) to UC. I'm in receipt of PIP. I was asked to provide fit note. My GP just about done it for me because they couldn't understand why they couldn't just accept my PIP. Now in the middle of filling out that UC50 questionnaire.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @Emma This is exactly my situation too. I don’t understand why being in receipt of income support because of health reasons and being on enhanced PIP for both parts doesn’t mean you are migrated to the corresponding UC in the same way that ESA claimants have a right to be. Why are we not afforded the same rights? The stress is totally debilitating 
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    I have midway through month 1 of my migration from IB ESA(Support) and what a mess, they(Clydebank JC) have been demanding fit notes and even had me down for a meeting with work coach, I had to take my oxygen cylinder with me. They wouldn't listen but I stood my ground and kept escalating and eventually they say I dont need fit notes but the stress caused was horrendous, work coaches have no clue how to manage this migration.
  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    This is happening to nearly all migration people who get letter. They have to fill online. Next thing they have been told by the work coach that they need to look for a job. If not send a sick note. However one can't send anything as they don't give you option to upload documents. This just put extra stress on vulnarable disabled person who is allready suffering from physical and mental health issue's. Total disgrace and who ever is doing that should be taken to court and given re training. Or be sacked. But I remember the whole of DWP is full of liars 

  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    Hi
    I wonder if anyone has experience of claiming UC when in receipt of contribution based ESA and in support group?  I was advised I would need to provide GP fit notes and go through UC fitness to work assessment when DWP have already taken me through this and been placed in support group.  
    I also receive PIP at higher rate for both components.

    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @LexieFreya Quote them regulation 19.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @aa
      I'm confused where I stand as I'm ESA conts with an underlying entitlement to IR due to being unable to work and below the income threshold.
      I've not seen any guidance for this particular set of circumstances and the helpline was useless.
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @LexieFreya The same happened to us so I went to the local job centre and the lady on the reception said if you migrate you keep on the same terms as contribution esa and no fit note needed even though our journal said we did  . Just quote you have migrated in your journal and a fit note will not be needed
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @LexieFreya  conts based ESA is not migrating, only the income based part  you do not need fitnotes as you are in the support group and getting pip   does not mean you are unfit to work as it is paid to working people as well
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @LexieFreya I have. Leave a journal message explaining your circumstances and state that their actions is affecting your health and wellbeing and you will get your MP involved if they continue this illegal practice. 

      It will likely all be sorted in a matter of days as mine was. 

      Good luck. 

  • Thank you for your comment. Comments are moderated before being published.
    · 8 days ago
    It made me not want to be here anymore and I have family I need to live for. I dread to think how people with no support are coping. It’s a dreadful system 
  • Thank you for your comment. Comments are moderated before being published.
    · 9 days ago
    I have migration letter ESA to UC and the jobcentre want me to find a job also asking me for a fit note as the migration from ESA Support Group to UC LCWRA has failed!
    • Thank you for your comment. Comments are moderated before being published.
      · 8 days ago
      @Simon Do not give them a fit note as that can trigger a new claim and you will also lose any transitional protection. 
      I saw this in another group as a suggestion to 

      Hello,

      I have just applied for UC but on ESA support group.

      Under regulation 19 it says that any one in receipt of ESA will have that transferred with them and be placed in the equivalent group. No sick notes will be required for this.

      I have a determined award for ESA support group and ask that mpg1 form is sent to ESA to transfer it over under Transitional protection regs 19

      Regards,


      I hope this helps! 
    • Thank you for your comment. Comments are moderated before being published.
      · 9 days ago
      @Simon Do not give them a fit note, you need to quote the law here.Which is that your ESA group moves with you,without assessment or fit note.They have admitted they have got this wrong,and are even having to update software at this late stage.How can the staff not understand the simple migration rule for ESA,or more likely are hoping people fail to migrate with existing protection.
    • Thank you for your comment. Comments are moderated before being published.
      · 9 days ago
      @Simon Are you able to tell us why the migration failed?
    • Thank you for your comment. Comments are moderated before being published.
      · 9 days ago
      @Simon @Simon Sounds like a complete disaster? what a bunch of clowns if that’s the case then I would just start a new claim put the fit notes in go for another wca and try get into lcwra as soon as possible again as for looking for jobs I don’t understand that when your sick what a joke it all is 

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