How many claimants have you had that have lost sdp as a result of migrating to UC

NAWRA is looking to do some campaigning work on loss of disability premiums in UC and it would be really helpful to have an idea of the scale of the problem at the moment. If you have come across cases it would be great if you could let me know and give me very brief case studies - you can direct message me if you have.

Thanks
Daphne

We are advising our tenants not to apply for UC but rather to wait for natural migration.

And quite right too Nick - but unfortunately some people have had no choice eg because of moving in to a UCFS area - or have migrated because of misadvice by DWP/JC

Good Morning
I have a client who has severe sight impairment. He has been on disability benefits since the age of 18, and has gone through the changes of Incapacity benefit and ESA. My client had heard about UC and with discussions with friends etc. he looked into being an early adopter. When he was on other benefits he had moved across with no problems. including DLA/PIP. My client researched the DWP and UC and everywhere he looked it stated he would be no worse off. On this he rang ESA regarding moving over. ESA implied he might be better off staying on ESA but wouldn’t say why. He rang UC who said again he will be no worse off but couldn’t give figures. He told them about his disability and again he was reassured that they would contact ESA and all will be good. With all this information he made a claim for UC in November 2017. He then went for an interview at the jobcentre in Barnsley which is a full service area. There it was suggested he stay on ESA but wouldn’t give him a reason why. My client also has around 40 calls on a CD which he requested of phone calls to and from DWP and at no time is there a mention of being worse off.

My client felt that with this new benefit being paid monthly and his bills were monthly and he would be able to pay his rent direct to his landlord from the housing element that he would be more in control and budget and for the first time in his life he felt he might have more control over his benefits and money. Unbeknown to him after all this you guessed it he has lost his disability premiums/transitional protection and is now at least £40.00 per week worse off.

He tells me that if at anytime it had been muted he would be worse off he would have never entered into the world of UC voluntarily.

From here he did a mandatory reconsideration which although promises were made of a decision was dismissed as no grounds allegedly.

My client has now appealed direct to the appeals service and has had his appeal accepted and has an oral appeal hearing in June 2018.

I am helping with an appeal but have little hope of him being successful. I wish I could find some information or legislation which may help. I have seen a judicial review going through on a similar point and don’t know if this will help him but I hope this case study helps you with the fight for justice for people all around.

If you need further information please contact me
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best wishes

Nigel Bonser

Nigel, Cit A recently mentioned (in the May Benefits update email) a case where client lost disability premium from following DWP advice to claim UC. Complaint made asking for financial redress was made, resulting in JCP saying “the UC claim would be terminated and that the income support claim would be put back in payment. The jobcentre also contacted the local authority to ensure that housing benefit was reinstated.” May not happen in every case of course (and I don’t know whether tax credits could be reinstated in the same way, if that’s in issue), but I think a complaint is more likely to get somewhere than an appeal.

From various sources we are receiving anecdotal evidence both claimant and other sources that at the local Job centre claimants are being encouraged to claim UC regardless including existing IB JSA claimants, because ‘they will have to go on it next year anyway’.

Emailed the local Partnership manager a week ago and cited a couple of examples, asking if this was local policy, and still no response.

Following on from Jon’s point and his references (copy and pasted full extracts below because of they may be of interest to non cabbies).

Celebrating success
We recently advised on a case where the client was wrongly advised by jobcentre staff to claim universal credit (UC). The client had lost her contributory employment support allowance, due to a work capability assessment, but as her partner was entitled to income support there was no need for a UC claim. This misadvice meant that the client lost £47.80 per week as she lost the couples rate disability premium. As the UC claim had been processed, and a decision made, it was not possible for the client to withdraw the claim under the provisions of regulation 31 of the UC (claims and payments) regulations 2013.

We advised that a claim for financial redress might be possible on the grounds of maladministration. The Adviser wrote a complaint to the local jobcentre with a view to accelerating the matter to the regional partnership manager. Within a couple of days of lodging the compliant the jobcentre manager contacted the adviser stating that the UC claim would be terminated and that the income support claim would be put back in payment. The jobcentre also contacted the local authority to ensure that housing benefit was reinstated. Beyond all expectations, it proved possible to terminate a UC claim that had been processed and awarded and reinstate claims for legacy benefits.

This approach may not work in all cases, but shows that it is worth advisers complaining and seeking compensation from the DWP if a client loses out financially through been wrongly advised by the DWP to claim UC. In such circumstances, the client should make a note of what advice they received and who they received it from. This information and the financial loss to the client should be recorded on the letter of complaint.

Hot topic

A question which comes up frequently in areas where universal credit (UC) full-service has been rolled out is when a client fails the work capability assessment (WCA) and loses their employment support allowance (ESA) should they be advised to claim UC pending their appeal?

In such circumstances the jobcentre often advises clients to claim UC even when it is not in their best interests to do so. In some cases there is no need for a UC claim, for instance, if a partner is receiving income support and the claim can be superseded to reflect the loss of income. In other cases a client may be able to claim ESA pending their appeal and will be worse-off if they claim UC. It is important that clients in this situation receive informed advice because, even if they subsequently win their appeal, they will lose their income related employment support allowance and other legacy benefits from the date that they claim UC. For clients who are entitled to the severe disability premium this can lead to a significant financial loss. In addition, clients who claim UC will be subject to work related conditionality pending their appeal. A better off check will reveal whether the client will be better or worse off on UC should their ESA appeal succeed.

Clients who can claim ESA pending their appeal should consider holding back on a claim for UC. The difficulty with this is that the client will be without money whilst their mandatory reconsideration is processed. However, given the initial waiting period for a claim for UC this will also not provide a client with immediate financial relief. In addition, if the client ensures that they are covered by a medical certificate from the date that they are found fit for work their ESA should be reinstated to that date when their appeal is lodged.

If a client intends to claim ESA pending their appeal it is important to check that they fall within a category of client that can claim ESA in these circumstances. If a client has previously failed the WCA and not successfully challenged this decision they will normally not be able to claim ESA pending an appeal. Also, clients who are found fit for work due to failure to attend medicals or return an ESA50 cannot claim ESA pending an appeal. Clients who can claim need to submit medical certificates to the DWP from the day that they are found fit for work and write on their appeal letter that they wish to claim ESA until their appeal is heard.