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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Failure to return the UC50

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Dan Manville
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Greater Manchester Law Centre

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Bump

Shock horror, aghast and agape, I’ve seen another one where the UC50 got back a few days late and the referral hasn’t gone back to CHDA.

Is there any pressure we can bring to bear to give it a couple of extra weeks, or even a month before the referral goes back to UC?

Again this is really someone who should have had the complex needs marker set but it hasn’t been.

Also, by the look of it the Work Coach doesn’t get a “to do” if the MSRS referral is returned. Can we fix that?

Daphne
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I’ve gone back to them again - will let you know when I hear…

Daphne
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Dan - would you be able to email be the details of the claimant - they want to investigate it

Dan Manville
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Greater Manchester Law Centre

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Daphne - 16 April 2024 09:32 AM

Dan - would you be able to email be the details of the claimant - they want to investigate it

I’ll do that shortly but, publicly, I wonder how CHDA communicate to UC that a UC50 has been returned late. That seems to be the obvious disconnect here.

Daphne
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I have had a reply from DWP - there are some general answers and some specific to your claimant Dan - not identified so am posting here for interest -

This issue has come up again where the UC50 was returned late but the referral wasn’t returned to CHDA. Also there should have been a complex needs marker on the file but wasn’t.

When a claimant fails to return the UC50 by the relevant date, a check is made to see if a Mental Health flag is set in the Medical Services Referral System (MSRS) for the claimant. If the Mental Health Flag is set, the claimant will continue on the Work Capability Assessment journey even if they do not return a questionnaire. Cases without the Mental Health Flag set are auto returned to DWP via MSRS for action within Decision Making (DM) when the deadline is reached.

The Mental Health Flag is set where the claimant has a condition deemed to be one relating to Mental Health.

For the specific case shared with us the Mental Health Flag was not set because the condition reported by the claimant is not defined as Mental Health. Therefore, MSRS automatically and correctly returned the case to DWP when the deadline was reached for DM activity.

Following contact from the claimant via their journal, the Decision Maker has reviewed the case and has decided that the claimant provided a good reason for not returning the questionnaire on time.


We have confirmed with the claimant that “the medical questionnaire was received and we understand why they missed the deadline. We have referred this back to CHDA for their action”. We have also apologised to the claimant for the delay.

It appears the system is always working as it should - what can be done about this?

We have answered the question as ‘it appears the system isn’t always working as it should – what can be done about this?’ and not ‘it appears the system is always working as it should – what can be done about this?’

As per the feedback on the example case, the process is working to design. There is an escalation process in place that Work Coaches and Case Managers can use should they or a claimant have any concerns with regards the progress of a case.

Also the adviser notes that the work coach doesn’t get a ‘to do’ if the MSRS referral is returned - is that correct and, if so, can it be changed?

That is correct. The return of the case to DWP is flagged on MSRS for a Decision Maker (DM), not a Work Coach (WC). Once received, the team supporting DMs create the to do on the claimant’s account for action by a DM. The WC can see the to do relating to the non return of the question including whether or not it has been completed.