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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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Now I know not to give much credence to what call handlers tell me but I’ve seen 2 instances of this recently.

Has the process for late UC50s been changed? Fair to say that I’m quite new to UC WCAs so this might have been the case for a while.

One of the call handlers told me they are referred back immediately the deadline passes. Rather than keeping hold of the referral and waiting for the late form, or just completing an assessment anyway they go straight back.

I was trying to warn CHDA that the form would be a few days late due to appointment availability and the handler said “don’t care, they go straight back to UC” just now.

A couple of weeks ago we had a form fill booked in with a support worker for someone with dementia; quite severe dementia, and I went back to advise that the support worker was still off sick a couple of weeks later; maybe a week after the deadline, and it’s already gone back to UC.

This might be a headache…

[ Edited: 24 Oct 2023 at 02:47 pm by Dan Manville ]
annief
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Benefits adviser - Maggie's Centre, Edinburgh

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I’ve had the same problem, they simply send it back and UC issue another form. It didn’t matter that the original UC50 was received late and had all their cancer treatment completed on the back page, we still had to fill it in again.

seand
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I’ve not seen this, but I know another Edinburgh adviser had the same happen to them. They were told that the UC50 was returned to DWP and destroyed

BP
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we have had 3 in the last week where despite notes put on journal advising of late return clients are getting reissued new UC50. JCP+ have in one case advised client with MH issues if CAB cannot accommodate an appointment complete yourself. Another client posted form day of due return Work coach reissued with 3 days new UC50 as failed to return
Is this a national Change from CHDA in tow with DWP. If so what is the point of including page on form why form being late.

Dan Manville
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BP - 25 October 2023 03:17 PM

what is the point of including page on form why form being late.

We asked ourselves that very question yesterday; or, indeed what’s the point of there being a legal test of the reasons for lateness/non return?

In Manchester the form fill assistance is mega stressed at the moment, being able to return the form a bit late, even a couple of weeks, means people can confidently seek independent assistance without the appt availability pressures affecting them.

One for stakeholders I guess. Daphne!!!!

edit, I think Daphne’s is off at the moment so watch this space.

[ Edited: 25 Oct 2023 at 04:25 pm by Dan Manville ]
Kizza
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And on top of that - most of my forms need to be signed by the hospital because they are having cancer treatment which adds another layer

Dan Manville
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Kizza - 25 October 2023 04:14 PM

And on top of that - most of my forms need to be signed by the hospital because they are having cancer treatment which adds another layer

Macmillan showed they were quite handy at leaning on DWP a few years ago; time for them to get their lobbying act together again?

Va1der
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I’m confused.

If DWP are issuing new UC50 then that indicates the case is till open/undecided. The UC50s don’t have barcodes etc like the PIP forms, so if the case is still open, what does it matter which form is received back?

In the alternative, there’s been a refusal due to a late form, in which case the solution is MR/Appeal, rather than sending a new form?

Is there a wee gap where the case has been closed at CHDA’s end, and awaiting a new referral from DWP? Gets forwarded to DWP, and then just gets binned?

Rosie W
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Just to add another twist to this tale, one of our deputyship officers was told by the AP that because the client has mental health problems there’s no deadline at all..

Daphne
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Dan Manville - 25 October 2023 04:12 PM
BP - 25 October 2023 03:17 PM

what is the point of including page on form why form being late.

We asked ourselves that very question yesterday; or, indeed what’s the point of there being a legal test of the reasons for lateness/non return?

In Manchester the form fill assistance is mega stressed at the moment, being able to return the form a bit late, even a couple of weeks, means people can confidently seek independent assistance without the appt availability pressures affecting them.

One for stakeholders I guess. Daphne!!!!

edit, I think Daphne’s is off at the moment so watch this space.

Thanks Dan and everyone else - just back from a week’s yoga retreat so was very chilled, maybe not so much now ;)

Will definitely take it up and report back…

Pete at CAB
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Dan Manville - 24 October 2023 02:03 PM

Now I know not to give much credence to what call handlers tell me but I’ve seen 2 instances of this recently.

Has the process for late UC50s been changed? Fair to say that I’m quite new to UC WCAs so this might have been the case for a while.

One of the call handlers told me they are referred back immediately the deadline passes. Rather than keeping hold of the referral and waiting for the late form, or just completing an assessment anyway they go straight back.

I was trying to warn CHDA that the form would be a few days late due to appointment availability and the handler said “don’t care, they go straight back to UC” just now.

A couple of weeks ago we had a form fill booked in with a support worker for someone with dementia; quite severe dementia, and I went back to advise that the support worker was still off sick a couple of weeks later; maybe a week after the deadline, and it’s already gone back to UC.

This might be a headache…

I have had the same problem, the WCA was effectively cancelled when the form did not reach them in time. I rang the assessment centre and they said not to bother sending the UC 50 in as it would not be looked at.
Luckily our local Vulnerable Customer Lead had the WCA reset and now has the UC 50 which they will add to the system.

Dan Manville
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Va1der - 26 October 2023 12:27 PM

I’m confused.

If DWP are issuing new UC50 then that indicates the case is till open/undecided. The UC50s don’t have barcodes etc like the PIP forms, so if the case is still open, what does it matter which form is received back?

In the alternative, there’s been a refusal due to a late form, in which case the solution is MR/Appeal, rather than sending a new form?

Is there a wee gap where the case has been closed at CHDA’s end, and awaiting a new referral from DWP? Gets forwarded to DWP, and then just gets binned?

In the old days the CHDA referral would stay open for a while so you could send the form in late. Now they’ve started returning the referral immediately it complicates things irrespective of whether you send a copy of the first form in. You only know the second referral’s been made, and CHDA receptive to the form, once the new UC50 is issued and how long will that take? We don’t know.

And then there’s the problem with the people who would, previously, have just been assessed such as my client. That doesn’t seem to be happening anymore; certainly I know of an instance when it wasn’t and there was lots of clear evidence had anyone considered it.

Daphne
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This is the (unusually detailed) response I have received from DWP -

Q: Would it be possible to clarify what the correct process is, and what steps an adviser should take if they know the UC50 will be late to ensure that time is allowed for it to arrive.

A: When a WCA referral is made, claimants are issued a UC50 with a supporting letter (UC51). The letter covers what the claimant needs to do, by when and the impact of not doing so. If the UC50 isn’t returned by the end of week three, a final reminder is sent advising when it should be returned by and what the impact of not doing so is.

If the UC50 is returned by the deadline, this is noted on the IT system used to manage WCA referrals and the case proceeds to the next stage. If it isn’t returned by the deadline, the IT system automatically returns the case to DWP. This cannot be prevented from happening, even if the claimant contacts to say they are having difficulties returning it by the deadline.

However, if that contact is direct with DWP, we will note their difficulties in their UC account so this can be taken into consideration should this return to DWP for action by a Decision Maker. There is also a section on the UC50 for the claimant to record reasons why they may be returning it late.

If the claimant has a mental health condition recorded in the IT system, the case does not return to DWP. It is retained by CHDA and proceeds to assessment.

For cases returned to DWP, a DWP Decision Maker will contact the claimant to ask why they haven’t returned the UC50 by the deadline. Any reasons given by the claimant will be considered (including any notes covering difficulties meeting the deadline). If good reason is given (or the questionnaire has landed since the case being returned to DWP), the referral will be returned to CHDA. As part of considering reason for late return, a claimant may be given further time to return the UC50.

If the UC50 has been returned late and the Decision Maker accepts reasons for returning late, the completed UC50 is returned to CHDA to consider clearance on using the UC50 and any other supporting evidence. If it cannot be cleared at this stage , CHDA may, if consent is given, contact the claimant’s Doctor or other Health Care Professional for further evidence. Alternatively, they will proceed to scheduling for an assessment.

If the Decision Maker deems no good reason has been given for the late or non- return of the UC50, a decision to treat the claimant as capable for work will be made. This decision is notified to the claimant and has the usual reconsideration and appeal rights.

Q: Another adviser from Maggies Centre said that a new UC50 was issued and they refused to accept the form that had arrived late even though all the information about the cancer treatment was included on the original.

A: Any late returned UC50 where good reason for the late return is given is sent back to CHDA. There is no need for a further UC50 to be issued or completed. Another UC50 would only be issued if the claimant has stated they need another one as part of any acceptance of good reason for not returning the original.

Q: A third adviser was told that UC50s that are returned late are destroyed.

A: That isn’t correct. Whether on time or late, the UC50 is sent to our mail opening unit for scanning. Once scanned this is stored digitally in DWP.

Dan Manville
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Daphne - 07 November 2023 01:41 PM

...

Would they be willing to look at individual cases?

Va1der
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“If it isn’t returned by the deadline, the IT system automatically returns the case to DWP. This cannot be prevented from happening, even if the claimant contacts to say they are having difficulties returning it by the deadline.”

Well that’s clearly nonsense, as 2 paragraphs later they say:

“If the claimant has a mental health condition recorded in the IT system, the case does not return to DWP. It is retained by CHDA and proceeds to assessment.”

So, if a claimant contacts them to say they are struggling to return the form on time (by and large this will be due to mental health issues!) that should be recorded as such, thereby preventing the case return. That’s one exception right off the bat. Further, already having that functionality in their systems, all they have to do is add another box to say “other grounds for lateness” (or expand the wording of the current option)! Not as if these functions require any legislative changes. As always at a loss for words for how incompetent their IT is.

JPCHC
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Thanks Daphne.  My client (who is receiving cancer treatment) has just been told she’s got to complete another UC50, after they closed the original referral (form was a few days late and reasons were on the UC50 and in the journal).

I look foward to reminding them what they should be doing in this situation…