UC WCA/sick conditionality

Hi

Has anybody seen or come across and guidelines used by work coaches to determine discretionary conditionality when on assessment phase or in WRAG of UC?

Cheers

Hi Phil

I did some UC training last year and feel effectively whilst I cant see anything on guidance there is this updated november 2017.
https://www.gov.uk/government/publications/universal-credit-if-you-have-a-disability-or-health-condition-quick-guide/universal-credit-if-you-have-a-disability-or-health-condition

Unfortunately it says the same as my training that you are generally invited to a work coach you are assessed and from there I guess they should go through the criteria of •are fit for work
•have limited capability for work – which means that although you may be unable to look for work now, you are able to prepare for work with the aim of working at some time in the future
•have limited capability for work and work related activity - which means you will not be asked to look for work, or to prepare for work.

The WCA assesses what you can do, as well as what you can’t do, on an overall day to day basis rather than just taking a snap-shot of the effects of your condition. It gives you the opportunity to explain if, and how, your condition varies over time.

This allows the decision maker to consider how changes in your condition may affect your ability to go to work, or to prepare for work.
bit like an esa work capability assessment in 10 minutes or less probably.

You must then agree or you get sanctioned.

there is a way of asking to be reassessed if you think your condition has changed or you cant meet the agreement.
In a nut shell it is at the link above

hope this helps if Not I will try and dig out more for you

best wishes

nigel

Thanks Nigel

So really its all upto the individual work coach how harsh they are on clients. Seems about right unless there are some guidelines we are not party to.

Phil

Phil this guidance might be helpful although at the end of the day it is just about the work coach’s discretion - http://data.parliament.uk/DepositedPapers/Files/DEP2017-0556/24_CC-_Switching_off_work_availability_and_work_related_activities.pdf - in the resources section on rightsnet having been placed in the House of Commons Library.

Switching off for periods of sickness
For short periods of sickness, claimants must have work availability or work search requirements switched off, if they declare that they are unfit for work.
These circumstances apply:
- for up to the first 14 days of a period of sickness – see evidence requirements below
- when it is the first or second episode of sickness in a rolling 12 month period in receipt of Universal Credit
If the claimant is reporting a third episode of sickness in a rolling 12 month period or the sickness continues beyond 14 days, work search and availability requirements can be applied if this is considered reasonable based on the claimant’s health condition.

The claimant can have work focused interview and / or work preparation requirements applied at any time.

Any work-related requirements will be tailored to reflect the claimant’s capabilities. A claimant will not be required to take up a new job while they have a current fit note. For more information, see Health conditions and disabilities.

Hi Phil

sorry for late reply

as you can see it looks like its mainly down to the coach.
There are issues as am sure you are aware where the work coach or online account is not being updated or acted upon by JCP this also is leaving people struggling, making them more ill and other issues.

Hope this makes sense

best wishes

nigel

In relation to this, does anyone know whether exemptions from the Health and Work Conversations are the same in UC as they are in ESA? All the guidance obtained via FOI requests seems to be about ESA.

https://www.disabilityrightsuk.org/news/2017/july/dr-uk-questions-need-new-esa-health-and-work-conversation-be-mandatory

And if the exemptions are the same, then the same questions arise - how will work coaches know that someone should be exempt?

Following on from this, any ideas about modifying/“switching off” the requirement to attend work focussed interviews (rather than work search/availability)?

I note the guidance linked to above but this refers to work search and work availability; it says that
“During the period for which requirements are switched off, claimants are still required to participate in Work Focused Interviews.”

I’m aware of reg 99 (5)(b) & (c) but this only refers to work search/work availability requirement and not to WFIs.

Just wanted to see if there was anything we could point to as our client has liver failure and treatment can barely walk, poor memory, and treatment will last for about 9 months. Her work coach has lifted WRR except is asking client to attend fortnightly WFIs - these are apparently see how things are going with her health.

I’m thinking the argument could also be made that these are not WFIs as don’t fulfill any of the criteria in Reg 93 (a) - (f), but not sure if that argument is less persuasive.

There is also the possibilty of using the UC Complex needs guidance from this thread to ask for reasonable adjustments e.g. telephone signon, I think this is going to be our fallback option - https://www.rightsnet.org.uk/forums/viewthread/12349/

2 weekly WFIs seems completely unreasonable in her condition - I think you’re right about looking at reasonable adjustments - why don’t you try using the new online handbook from the Equality and Diversity Forum - see the post in our new Equalities and Human Rights forum - https://www.rightsnet.org.uk/forums/viewthread/12894/

I would be interested to hear how you get on - I think these equality issues are going to come up more and more in UC