UC whilst waiting for WCA

Is this a new claim LJF?

yes new claim

A number of thoughts occur.

Was client awaiting assessment prior to 03 April? If client is in a live service area it may be that the UC claim was made in error (unable to declare fit for work/has fit note on the date of claim) in which case, client claims legacy ESA within one month of UC claim and comes under legacy rules ...AFAIK!

If client is in a full service area and was awaiting assessment whilst claiming legacies, the 03 April (LCW) change still has no effect.  If client reports LCW after 03 April then there is no LCW, only LCWRA, again, AFAIK!

Seems to me that if client is staying on UC then there should be a WFHRA to determine clients ability to undertake work related activity ...before it is imposed upon him/her!

See attached at U5043

I’m sure more experienced others will be along shortly to shed light on this.

don’t know full history
so assuming they have to claim UC and noway can go back on ESA then…
when someone on UC and then sick - there is no auto exemption from work seeking until WCA occurs.
it is just down to the job centre advisor’s discretion whether they let them reduce their claimant commitment? and nothing the claimant can do about it?
have i got that right?

That is my understanding LJF, I had a client having to attend JCP until their WCA, did some research and thats the answer I came back with.

It has prompted me to wonder, if someone fails WCA on ESA then they cant reapply with the same condition unless it has significantly worsened. Is this the same with UC? I assume so. Just realised I had never considered it

Reg 41(4) of the UC Regs suggests that where the claimant has been found fit for work once under UC or new style ESA, no further WCA is to be conducted unless there is “evidence to suggest that” either the circumstances have changed or the last assessment was mistaken or ignorant of a material fact.

It’s probably still to early to say how that will pan out in practice.

What about Reg 99 UC Regs? The claimant may still have to attend WFI and undertake Work Preparation, but work search and work availability can be adjusted where it would be unreasonable to require these. Para 5A, 5B?

[or is this after Reg 99 has been applied?]

So what happens if you fail WCA on UC and then go through MR/appeal process?  Assume it is at the discretion of WC as to what WFA is required, even during appeal stage?

yes, its all a bit of a worry

Reg 99(4) of the UC Regs allows for 2 fourteen day periods, in any 12 month period (provided a Med Cert is provided after 7 days), where a claimant is not required to do work search

Reg 99(5)(c) allows for longer periods if decision maker is ‘‘satisfied that it would be unreasonable to require the claimant to comply’‘

Reg 88(2)(c) allows for less than 35 hours work search where ‘’ physical or mental impairment’’ and the decision maker considers it reasonable

Reg 95(1)(a)(ii) decision maker can accept claimant has ‘‘taken all reasonable action for the purpose of obtaining paid work’’

It seems to me that much of this will depend on how each decision maker defines ‘reasonable’  however its also worth pointing out;

Reg 97(6) - work search cannot require claimant to do something where health has a ‘‘substantial adverse effect’’ on ability to carry out ‘‘work of a particular nature or in particular locations’‘.