Live to Full UC issue

I’m working with a claimant with mental health problems.

He was on live UC - but was frequently being sanctioned as he was in the full work-related requirements group, and often missed appointments as he struggles to leave the house.

In August 2018 he had to make his claim for full UC.  He attended the ID interview and another interview to provide bank details but then failed to attend a commitments interview in September.  He was given 24 hours to respond to a message about his missed apt and then his claim was closed.

He then twice attempted to make new claims for full UC, but as he struggles to leave the house was failing to attend either the ID interview or the commitments interview and so the claims never got up and running.

In November he finally managed to get a claim accepted.  He’s provided a fit note for two months but still has full work related requirements until the WCA (JC+ have told us the wr requirements can only be suspended for a maximum of 14 days?).

As a result of the break in claim, he’s looking a eviction as his housing costs haven’t been paid.

Are there any arguments that can be made to challenge the decision to terminate his UC claim? Or for being subject to full wr requirements?

Yes I would definitely challenge - what were their reasons for closing the claim. It’s not a new claim - he was already on universal credit. If he failed to attend an interview possibly a sanction (although obviously there would be good reason arguments). If they’re arguing he didn’t accept his claimant commitment was it actually different from the one he already had? Why was he having to do a new commitment just because he changed to full service. And 24 hours seems way too short to give him a chance to respond particularly given his vulnerability.

There’s some useful links on vulnerability guidance and switching off work-related requirements in this thread - https://www.rightsnet.org.uk/forums/viewthread/13914/#65072

Given that DWP have said that they themselves cannot guarantee to monitor a journal 24/7…

and the case i linked on this thread

https://www.rightsnet.org.uk/forums/viewthread/13865/

which has extracts from the guidance .. judge here was unimpressed with DWP

Thanks for your help with this.

I’ve submitted the MR and quoted their transfer guidance which states that if the claimant fails to attend the first CC interview the claim must not be terminated.

Fingers crossed that it gets dealt with quickly enough to prevent eviction.

Now to challenge the work-related requirements…..