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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

TP Reg 19 & LCfW element - angry of Oxord

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

I have referred to this case elsewhere - https://www.rightsnet.org.uk/forums/viewthread/13056/
https://www.rightsnet.org.uk/forums/viewthread/12917/

The latest development. I hope Neil Couling is paying attention! We will be submitting this as a case example to the current SSAC consultation.

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.

Copy of UC MRN dated 4/7/18 attached.

Posted to clients journal today by D*** at Bristol Flowers Hill Service Centre:

“Your account has been updated with the new decision regarding your capability to work. your decision means you have a limited capability for work - you can’t work now, but you can prepare to work in the future, for example write a CV. Universal Credit does not pay any extra elements for this. You can read more on this on .gv.uk web site. Your award for limited capability for work was backdated to November 2017. Thank You”

Previous posts to clients journal, notice served on DWP solicitor etc have clearly pointed out that UC(TP)Reg. 19 applies and client should have a LCFW element included.

 

[ Edited: 11 Jul 2018 at 02:14 pm by Peter Turville ]

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Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Joined: 9 January 2017

This theme was discussed last week with Partnership Manager and accompanying DWP Technical expert (Reg 19, Admm 6, and Neil Couling Letter Nov 2017 to NAWRA).

We were advised that Technical expert did not know legislation, but they have to have med certs because how can they relax claimant commitment demands and something about MGP1’s etc that does not relate to anything we’ve seen.

We are still pursuing this higher up.

Have attached a response by Damian HInds to commons question regarding another UC hot topic, we showed Partnership manager 01/12/2017 at a meeting at Bridport Job Centre. Partnership manager said Damian Hinds was wrong!