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More confused about UC claim form
- Anneb
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1 month 4 weeks ago #294715 by Anneb
More confused about UC claim form was created by Anneb
I’m more than ever confused about the UC claim form. I’m reading on here about ‘fit’ notes and how providing one appears to generate an “assessment” phase in UC. But in the UC claim form I also understand you have to state the health conditions which prevent working…and then are asked if you have a ‘fit’ note. And then I read that claimants in the LCWRA support group of ESA should not have to provide a ‘fit’ note.
I have a copy of a 20 year old 'sick' note for "indefinite" period for my son whom I am Appointee for - he's in LCWRA support group of ESA and gets severe disability premium, and on last WCA DWP said he would not have to do another one unless his health condition changes. So when I do a UC claim form for him and state his health conditions and state 'yes' he has a fit/sick note will that or won't that generate an assessment phase in UC ?
I have a copy of a 20 year old 'sick' note for "indefinite" period for my son whom I am Appointee for - he's in LCWRA support group of ESA and gets severe disability premium, and on last WCA DWP said he would not have to do another one unless his health condition changes. So when I do a UC claim form for him and state his health conditions and state 'yes' he has a fit/sick note will that or won't that generate an assessment phase in UC ?
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- Gary
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1 month 3 weeks ago #294747 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic More confused about UC claim form
Hi Anneb
Yes it can be confusing, for legacy claimants such as your son, when they apply for UC they should be placed in the LCWRA group without having to provide a fit note.
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
I hope the above information helps.
Gary
Yes it can be confusing, for legacy claimants such as your son, when they apply for UC they should be placed in the LCWRA group without having to provide a fit note.
Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence. In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place.
1. Regulation 19 of the UC (Transitional Provisions) Regulations 2014 makes it clear that those who move from ESA onto UC (and who have not been found fit for work), are to have: The LCW Element included in their UC assessment from the start of their UC award if they were in receipt of the Work Related Activity Component in their ESA award, or The LCWRA Element included in their UC assessment from the start of their UC award if they were in receipt of the Support Component in their ESA award. This means that the work capability decision MUST be transferred across from an ESA award to a UC one.
2. Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional.
Therefore, even where the WCA review date has passed, the DWP cannot refuse to include a LCW /LCWRA Element in the UC assessment until a review WCA has been completed ie evidence from a Healthcare Professional received.
I hope the above information helps.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: j112009, Anneb
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