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No assessment phase. 14 day thing appealable
From what I understand UC does not have an assessment phase like ESA, where they leave you alone until WCA
Apparently UC give you 14 days to get better, and if a DM decides to reinstate full claimant commitment after that fortnight then that’s it.
Its also up to DWP whether they refer you for WCA or not, whereas currently they have to under legacy.
I know someone with clear MH problems who has had 2 claims closed down for non compliance with claimant commitment (or maybe sanctions) who should really have a WCA. DM simply not interested in triggering one, even though sick notes last 3 months.
Does anyone have experience with this kind of issue, and how successful have any possible challenges been?
Thanks
Ask for a UC50 through the client’s journal. They should send one—if they don’t complain etc.
IME this is quite unusual behaviour by UC and I would look around for some sort of history which might be causing this.
Was your client on ESA before migration? Did they fail the WCA and then claim UC? The explanation for this behaviour might be that the client failed the WCA and either did not appeal or lost the appeal. They may be taking the view that she cannot claim again unless she has got a new condition. This would apply on legacy benefits as well.