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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Sick on UC (again)

MaggieB
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Dorchester CAB

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Joined: 11 October 2010

Somebody please help me before my head explodes!  I have read various threads and other sources including the response from the UC policy team but really don’t feel I have a grip on this

On ESA (either group) migrates onto UC everything continues no problem..

On UC goes sick (weekly earnings above the threshold 16 hrs pw NMW) - what happens is that the WC will not refer for a WCA unless the client is receiving PIP/DLA

If they are receiving PIP WC will refer for WCA

Doesn’t that mean that nobody long term sick at the end of SSP( for example) will get WRAC/SC element unless on PIP.  I know there is no WRAC under UC but how does the conditionality get “turned off” for that group unless WCA carried out. Same applies to SC.

(I understand anyone with LCW/LCWRA who starts earning over the threshold will not be referred for WCA but will wait until next review)

So comparing it to ESA - what it looks like to me is there is no ‘assessment phase’ followed by WCA and allocation into one of 2 groups with resulting change in conditionality and potentially payment of SC.
Or I may be wrong…

Daphne
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That is correct. Reg 41(2) of the UC regs says if you’re earning above the threshold, you can only be referred for a WCA if you’re either on PIP/DLA or have already been assessed as having LCW/LCWRA.

I think that is a bit equivalent to the old earnings rule for permitted work where you can’t have LCW if earning above the permitted work limit. It’s just there’s an exception if you get PIP/DLA or previously assessed.

If the earnings are below threshold they can be referred though even with no PIP/DLA - so, if pay stopped after SSP they can be assessed. Or if they go from being jobseeker on UC to sick they can be assessed (though sometimes easier said than done to make it happen I’ve heard.)

[ Edited: 10 May 2017 at 12:59 pm by Daphne ]
Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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Presumably an earner with sufficient NI record could still claim new-style c-ESA after SSP expires?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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On a similar theme…

Last week we saw a client who has moved from SSP to c-ESA, and had been advised by DWP to also claim full-service UC (thus terminating HB, and perhaps not the best advice from DWP). She has been sent both a UC50 and ESA50 to complete. Our adviser queried this with JCP but was told both were required in order to get the correct level of benefit. Both forms have gone in with identical info, I am now hoping these will get linked up somehow and the claimant won’t be invited to 2 medical assessments.

I am now reminded of a colleague’s case a while ago where a claimant was receiving contributory ESA with a Support Component, but with no equivalent LCWRA element in their UC award. In that case the extra c-ESA effectively counted as income against their housing element, as I recall.

Is this an issue others are seeing, where UC can’t seem to automatically import the ESA WCA outcome?