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UC50 whilst an appeal is pending?
We’ve had this a few times recently and it’s led to a bit of discussion locally so I’m wondering what others thoughts are on this, what approach people take, and if there are some bear traps for the unwary?
Scenario is as the title. Client typically has been found fit for work following a WCA so appeals. At some point during the appeal process the DWP decide to issue another UC50. Do you fill the form in or ignore it?
My view tends to be that if the DWP send a form you fill it in. For a UC50 in this situation the worst case scenario is that they find the client fit for work again in which case you would just challenge that decision and request both be heard together when it gets to appeal. Best case scenario the DWP get the decision right and you can potentially withdraw the appeal (depending on the full circumstances) or at least it becomes a closed period appeal.
The other view that’s going around is that you’ve got an appeal pending which will deal with all of these issues anyway therefore completing the form is a waste of everyone’s time.
Typically the JCP will push (sometimes hard) for clients to look for work following a WCA refusal. Advising clients to seek a new WCA while an appeal is pending is a means to reduce their work conditionality.
Other than that I’d only advise them to seek a new WCA if their health has deteriorated and the appeal is only likely to award LCW.
Unless there has been a significant deterioration DWP are unlikely to make a positive decision on a new WCA (why would they?), so unlikely to be a meaningful use of your time.
Typically the JCP will push (sometimes hard) for clients to look for work following a WCA refusal. Advising clients to seek a new WCA while an appeal is pending is a means to reduce their work conditionality.
Oh yes absolutely tactically it might be best to seek a new WCA to try and reduce conditionality (though, touch wood, most JCPs around here are quite pragmatic and take a light touch approach even when found fit for work) but the situation we’re coming across is where the DWP have issued a new UC50 off their own bat rather than the client going out and asking for a fresh WCA specifically.
Unless there has been a significant deterioration DWP are unlikely to make a positive decision on a new WCA (why would they?), so unlikely to be a meaningful use of your time.
Yep that’s the counter that’s been put to me when this has been discussed. I was just wanting to check I wasn’t missing something that meant not returning the form would have negative consequences for the client.
My thought is that the UC50 must indicate that a new WCA has been started. If someone doesn’t return the form, they should then be treated as if they do not have LCW.
Won’t this then interfere with any subsequent decision made by a Tribunal that the claimant does have LCW or LCWRA as it will mean that this status would end at the point of the decision that they are treated as not having LCW
I see the approach of reduced conditionality after a refused WCA fairly often and I think it’s a double-edged sword. It’s good that they don’t impose too onerous WRA on people that don’t qualify for LCW/RA despite their health issues. However, it does result in lots of cases where it enables people to remain, sometimes for years, on a much too low benefit award, because they are never forced to challenge a wrong decision. Similar to where they don’t prompt ill parents/carers to submit fit notes.
EDIT: “approach” is inaccurate. It’s part of the regs that WRA should be adapted, and this is a separate issue that can be challenged.
DWP should not be sending for new WCA’s other than in the prescribed circumstances (i.e. new evidence). The only real exception I see to this is where their WC has taken it upon themselves to interpret something the client has said as evidence their health is worse - they should act on this by prompting the client to submit a new fit-note or other evidence, but I do see some cases where it appears to have triggered a new WCA even without this evidence.
I’ve never seen DWP do it entirely of their own accord - it would neither be in line with the regs nor their interest. Their IT is shambles, but if this could happen on accident I think we would see this a lot more?
More likely some of the above interactions have happened - ideally we’d be staying on top of this as advisers, but clients do take action on their own accord.
Once the form has been issued you don’t have much choice in filling it. Why I only advise to pursue that route if you must. Best case you get a decision on the appeal that awards LCWRA before the new WCA is decided, and the new WCA vanishes.
Worst case, as Sean highlighted, you get a refusal - which at best you might deal with by lumping it in with the existing appeal. Lots of extra work.