universal credit the lies from DWP
- keith corkill
- Nov 28, 2018
- 6 min read
a concerned claimant...........
I've been put into the wrong group on UC and the job centre adviser refuses to change this. Is there anything I can do? They know I can't work full time due to my physical and mental health problems but they put me in the group of capable of looking for and doing full time work and they won't change it and I asked about an assessment that the CAB said I'm entitled to and the job centre adviser says they don't exist
Declaring a health condition or disability on an existing Universal Credit claim. Ifyou have already made a claim for Universal Credit, a new health condition or disability will need to be reported as a change of circumstances. When you make a claim for Universal Credit you will be asked if you have either a health condition or a disability which prevents, or limits, your ability to work. If you answer ‘yes’ you may be asked to attend a Work Capability Assessment (WCA). In most circumstances, if you remain unable to work due to your health conditions for 4 weeks, you will be referred for a WCA on the 29th day of your claim. You may be referred for a WCA on the first day of your claim when one of the following applies: • you are terminally ill • you are pregnant and there is a serious risk of damage to your health, or to the health of your unborn child if you do not refrain from work or work-related activity • you are receiving or are about to receive treatment for cancer by way of chemotherapy or radiotherapy – or you are recovering from such treatment • you are in hospital or similar institution for 24 hours or longer • you are prevented from working by law • you are receiving or recovering from treatment for dialysis, plasmapheresis or total parenteral nutrition for gross impairment of enteric function Declaring a health condition or disability on an existing Universal Credit claim If you have already made a claim for Universal Credit, a new health condition or disability will need to be reported as a change of circumstances. You can report periods of sickness of up to 14 days as a temporary period of sickness. Your Claimant Commitment To get Universal Credit you will need to agree with your work coach what activities you can do to prepare or look for work. Your work coach will take into account your health condition or disability when considering what to include in your Claimant Commitment. Work Capability Assessment The WCA is used to find out how much your health condition or disability affects your ability to work. It assesses what you can do, as well as what you can’t do. You’ll be asked questions about how your condition affects you in your day to day life. It gives you the opportunity to explain if, and how, your health condition or disability may vary over time. Once a referral to a WCA has been made you will be sent a capability for work questionnaire. This is called a UC50. The information you provide on the questionnaire will be used to decide if you need to attend a face to face assessment. After the WCA The Centre for Health and Disability Assessments sends a report of the assessment to Universal Credit. A Decision Maker will use that report, along with any other relevant evidence, to decide if you: • are fit for work • have limited capability for work (LCW) • have limited capability for work and work related activity (LCWRA) Fit for work If you are assessed as being fit for work, you will need to agree to look for work that is suitable for your health condition, and be prepared to work to keep getting Universal Credit. Your work coach will take into account your health condition or disability when considering what work related activities and availability for work is included in your Claimant Commitment. Limited capability for work If it is decided you have limited capability for work (LCW), you are not expected to look for work right away. You will need to discuss with your work coach the activities you agree to do to prepare for work with the aim of working at some time in the future. Your work coach will take into account your health condition or disability when considering what work preparation activities to include in your Claimant Commitment. Activities could include, for example, writing a CV and undertaking some training. You will get paid an extra amount of Universal Credit called the LCW component if all the following apply: • you were receiving benefit before 3 April 2017 • you were previously assessed as having LCW • this claim is on going and the assessment was related to the health condition you currently have Moving from Employment and Support Allowance to Universal Credit If you have been receiving Employment and Support Allowance (ESA), have already completed a WCA and been assessed whilst claiming ESA, you may not have to undertake the assessment again when you move to Universal Credit. If your Work Capability Assessment is due for a review, you will need to have another assessment. Change of circumstances You must let Universal Credit know if: • your condition has got better • your condition has got worse • you have a new health condition • you have any other changes, such as finding a job or moving in with a partner If you don’t tell Universal Credit about these changes straight away you could be paid more or less money than you should. You may have to pay back any money you are overpaid. New style Employment and Support Allowance You may be able to claim new style ESA if you have a fit note, have worked and paid or been credited with enough National Insurance Contributions. New style ESA can be claimed instead of, or as well as, Universal Credit depending on your circumstances. If you claim both benefits your new style ESA payment will be deducted from your Universal Credit payment.
as dwp are conning claimants off esa .onto universal credit.it comes as no surprise.to many the tactics the dwp get upto,conning people.They normally say your no longer entitled to esa.Dont beleave it.Its a con.They may even say you cant get esa after being on it 12 months.This is a lie to.
If your not getting esa.Claim it.Send in sick notes you dont even have to take them in.You dont need to goto the job centre at all if on esa.They can do all they need to be phone.Or home visits.Your right to have them.
How to claim esa
The quickest way to apply for Employment and Support Allowance (ESA) is by phone. The number you call depends on which type of ESA you’re applying for.
After you phone, you’ll need to send your fit note (sometimes called ‘sick note’ or ‘doctor’s note’).
New style’ ESA
Apply for new style ESA over the phone.
If you live in a Universal Credit full service area you can claim by calling the full service helpline.
Universal Credit full service helpline Telephone: 0800 328 5644 Textphone: 0800 328 1344 Monday to Friday, 8am to 6pm Find out about call charges
If you live anywhere else and you’re eligible for new style ESA, call:
Telephone: 0800 328 9344 Monday to Friday, 9am to 4pm
Textphone: 0800 328 1344 Monday to Friday, 8am to 6pm
If you’re not eligible to claim Universal Credit in your area, then you will not be able to claim new style ESA. You may be able to claim contributory or income-related ESA instead.
New style’ ESA
You can apply if you live in a Universal Credit full service area.
If you live anywhere else, you can only apply if one of the following is true:
you are already claiming Universal Credityou claimed Universal Credit in the past 6 months and your payments ended because of your earnings
New style ESA works in the same way as contributory ESA. Your partner’s income and savings will not affect how much new style ESA you’re paid.
You can get new style ESA on its own or at the same time as Universal Credit.
If you get both at the same time your new style ESA payment will be deducted from your Universal Credit payment - you are not guaranteed to get any extra money.
Contributory and income-related ESA
Call the contact centre to apply for contributory and income-related ESA.
Contact centre Telephone: 0800 055 6688 Textphone: 0800 023 4888 NGT text relay (if you cannot hear or speak on the phone): 18001 then 0800 055 6688 Welsh language telephone: 0800 012 1888 Monday to Friday, 8am to 6pm Find out about call charges
You can also fill in and print out the ESA1 form and send or take it to your local Jobcentre Plus office.
Income-related ESA
You may qualify for income-related ESA if you’ve not paid enough National Insurance contributions.
How much you get depends on your circumstances.
You cannot get income-related ESA and Universal Credit at the same time.
How long you’ll get ESA for
New style and contributory ESA last for 365 days if you’re in the work-related activity group.
There’s no time limit if you’re in the support group, or if you’re getting income-related ESA.
Reapplying for ESA
You may be able to re-apply at least 12 weeks after your new style or contributory ESA ends. You may qualify again depending on:
National Insurance contributions you paid in the last 2 full tax years before the tax year you’re claiming inwhether your health deteriorates and you’re placed in the support group
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