DWP insisting on fit notes for NSESA when UC LCWRA already awarded

The issue that I have encountered is that there was a delay in making a support component decision on a new claim for NSESA, when LCfWRA had been awarded very shortly before on my clients existing UC claim.  In the period before the NSESA support component decision, the DWP required my client to send in fit notes. They acknowledged that there is no legal requirement to do so, but told me that there is no shared computer platform between UC and NSESA, and they can’t email or phone UC staff to tell them that there is an existing UC LCW/LCfWRA decision.  In the end a DWP manager at the jobcentre put a manual note on the ESA system regarding the UC LCfWRA decision (so clearly this can be done). This helped to expedite the decision for my client, and the DWP called her to apologise for requiring fit notes. However, the DWP manager told me that they could not put this manual note on the system in every case due to lack of staff, and there are no plans to develop a linked computer system between NSESA and UC.  Therefore, this delay and fit note requirement will continue.

The online NSESA claim form does ask if they are getting UC, but there is no space to say that an LCW/LCfWRA element has been awarded.

The two issues raised are 1) that NSESA staff can’t easily access the UC computer system to check for a UC LCW/LCfWRA decision (and presumably vice versa), causing delays in decision making, when the WCA has already been passed, and 2) that the DWP are requiring fit notes from the start of a new NSESA claim until a WRAC/Support Component decision is made, although there is an existing UC LCW/LCfWRA decision.

I am trying to find out whether this is an issue across the country, in order to determine whether a policy initiative is needed. Any responses gratefully received.

Amanda
(Welfare Rights Team
Swansea Council)

What we’ve been told for years is that there was a deliberate policy decision to not link UC and so-called legacy benefits. First time I’ve heard of their being no link between UC and NS ESA.

There is a liaison team.  A couple of times my clients’ cases have been passed to them for WCA decision which has been put into payment on ESA to be passed on to UC.  And it has worked!  I’ve not had it happen the other way round.

1.Reg 40(1) and (2) of the UC etc. (Decisions and Appeals) Regulations 2013 provides the LCW determination part of the decision with respect to UC at least is final and binding on the ESA decision maker.

2. A practical solution in these cases might be to obtain the WCA decision posted to the UC journal and provide it to the ESA office with a note about reg. 40.

3. The failure to put in place a system where the ESA DM can establish if they are already bound by a UC decision on the point when that is legally the position is not great.

Martin

Helen Rogers - 02 March 2023 09:47 AM

There is a liaison team.  A couple of times my clients’ cases have been passed to them for WCA decision which has been put into payment on ESA to be passed on to UC.  And it has worked!  I’ve not had it happen the other way round.

I should have been clearer. I meant the ability of the IT systems to talk to each other