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ESA to UC migration
Very interesting visit to our local JCP last week, sat in on 3 UC interviews and asked lots of questions.
one was about claimants naturally migrated from ESA (either group) being asked immediately for med certs and referred for WCA
WC told me they checked the duration of ESA award at verification interview and if it was past the ‘end date’ would ask for med cert as claimants LCW/LCWRA status was no longer valid and refer immediately for WCA. Does anyone know if the requirement for med certs be challenged?
I’m very perplexed about these ‘end dates’ the DWP keep talking about at the moment. There’s nothing in the legislation (that I can find anyway) about them. There’s nothing to stop the DWP having something in their procedures that determines when they are due to re-assess claimants under the WCA (and indeed it would be weird if they didn’t have anything like this) but that cannot be used to determine the end of entitlement. The earlier decision that a client has LCFW /LCWRA can only be ended by a revision or a supersession. In other words, what should happen is that when the DWP thinks it’t time to reassess someone they start the supersession process, issue an ESA50/UC50, etc then either supersede the previous decision or leave it untouched. Until that happens (or doesn’t happen) the previous decision stands and there cannot be any logical reason to require med certs.
Having said that, if the client can get sick notes without undue difficulty, on the ‘anything for a quiet life basis’ it might be a good idea to do this, but any attempt to end payments/conditionality/award because of not doing this, or them ‘not receiving’ the med certs, should be challenged vigorously
Thanks Giles, will write to our partnership manager and point out the error of his ways!
Thanks Giles, will write to our partnership manager and point out the error of his ways!
Funnily enough he’s coming here today.
This theme was raised with him at an event in Dorch at Titanic Towers in June by reps all over Dorset in workshops.
We also having a meeting in couple of weeks with local MP about this specific issue and other UC local (some of which are national) topical issues. After the trip to Bridport Job centre.
Helen would be worth considering emailing our local MP about this and other stuff.
think I’m coming to that meeting Andy…
“.... because the period of award for Limited Capability for Work covers you for 12 months from 5/3/18”
UC decision notice dated yesterday.
Background: Clnt on ESA ‘found fit’ in 11/17 (revised on MR 5/3/18). In meantime claimed UC and found fit 9/5/18. Since ESA dec. revised UC(TP)Reg 19 has not been applied despite providing UC with a copy of the ESA revised dec. etc. Notice Before Action served on DWP solicitors on 3/7/18.
The problem is that UC DMs are looking at the HCP’s recomendation (whether made under UC or ESA or both) of when the clamant should next be re-assessed and do not understand that it has no basis in law. A determination of LCFW applies until such time as the ‘outcome’ decision of which that determination is part is revised or superceded.
I will share the whole decision notice when I get time - it is so badly worded that it took a long time to work out what it meant!
think I’m coming to that meeting Andy…
Brilliant! See you then Helen!
“.... because the period of award for Limited Capability for Work covers you for 12 months from 5/3/18”
UC decision notice dated yesterday.Background: Clnt on ESA ‘found fit’ in 11/17 (revised on MR 5/3/18). In meantime claimed UC and found fit 9/5/18. Since ESA dec. revised UC(TP)Reg 19 has not been applied despite providing UC with a copy of the ESA revised dec. etc. Notice Before Action served on DWP solicitors on 3/7/18.
The problem is that UC DMs are looking at the HCP’s recomendation (whether made under UC or ESA or both) of when the clamant should next be re-assessed and do not understand that it has no basis in law. A determination of LCFW applies until such time as the ‘outcome’ decision of which that determination is part is revised or superceded.
I will share the whole decision notice when I get time - it is so badly worded that it took a long time to work out what it meant!
Did guess it would be the HCP recommendation.
Actually the Public Law Project (very very approachable) ran a workshop here today on public law remedies re Welfare Benefits - brilliant training for us Devon, Dorset, and Somerset Welfs - big thank you to Matt and Sarah for trekking all the way to Bridport and having the ability deliver training of such high quality in the heat etc!