Benefits and Work is still hearing from employment and support allowance (ESA) claimants who are unlawfully being treated as jobseekers when they begin the universal credit (UC) mandatory migration process.  Some are being asked for fit notes and some in the support group are also being required to agree to claimant commitments that go far beyond just an undertaking to inform the DWP of any change of circumstances.

The DWP claimed to have fixed this problem, but it is clearly still happening. At the moment the numbers being migrated are small,  but the point where upwards of 10,000 ESA claimants a week begin to be migrated cannot be far off.

We have updated our ESA to UC Managed Migration FAQs to help members deal with this issue.

We have created a short notice for you to put in your journal at the start of your claim, pointing out that you must not be required to provide fit notes.

And if this doesn’t work, or if you are already past that stage, we have written a formal complaint you can adapt to your circumstances.

We have thrown the kitchen sink at this complaint, because it is vital that the DWP follow the law in the way they treat ESA claimants, many of whom will struggle with the migration process.

We’ve included references to UC Regs 2013, UC Regs 2014, advice for decision makers, the UC claim To Do List and an admission by the director general of the UC team that getting this wrong is severely detrimental to ESA claimants’ health.

It is an admission that may well leave the DWP open to actions for personal injury.

In addition, we explain how to use the claimant commitment cooling-off period to buy yourself more time, though be prepared for your work coach to have never heard of it and to have to give them information about how to find it.

And we stress the importance of accepting even an unfair or unlawful claimant commitment, because refusal will simply lead to your UC claim being completely disallowed.

Instead, we point out that even DWP guidance says that accepting a claimant commitment doesn’t mean that you actually agree with the requirements or that you are committing yourself to carrying them out.

Far better to accept, if you must, and then fight to have the commitment changed afterwards.  Even if you fail to carry out an action that falls within your claimant commitment, the result will be a sanction which you can appeal, rather than the total loss of your UC claim.

We know that for many people, battles like this are beyond their physical and mental resources.  Which is why we are urging those who are able to do so, to involve their MP in any complaint they make, so the DWP cannot keep making these mistakes behind closed doors.

And please keep on letting us know how your mandatory migration is going and we will keep trying to come up with solutions to any problems.

Members can download the latest ESA to UC Managed Migration FAQs from the ESA/UC guides page. The relevant FAQs are:

“Will I have to provide a fit note or prove I am unfit for work if I am moving to UC from ESA?”

“I’m in the support group, but I’ve been asked to provide a fit note and/or to accept a claimant commitment with work-related activities.”

“Can I delay accepting my claimant commitment?”

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  • Thank you for your comment. Comments are moderated before being published.
    · 6 hours ago
    The information should be free are we not supposed to help each other 
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    · 7 hours ago
    can anyone tell me how i would recognise the envelope that the esa to UC migration notice is sent in please 
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      · 5 hours ago
      @HRH It's a brown envelope and the letter is printed universal credit along the top of the page
  • Thank you for your comment. Comments are moderated before being published.
    · 11 hours ago
    Just had a look on me universal credit journal and as for payments they have me down as a standard claim which is £393 a month and they said that I have health conditions but might need a health assessment to qualify for anymore money guess I will find out tomorrow at my identification interview
    • Thank you for your comment. Comments are moderated before being published.
      · 5 hours ago
      @Jon I’d complain a lot if they tried to force me to do anything. But that’s my way Jon.
    • Thank you for your comment. Comments are moderated before being published.
      · 6 hours ago
      @Jon There are conflicting informations in what you're posting, whether they're genuine or are designed to scare people!

      How come they're posting payment details on your journal, when you haven't met with them yet for the first time, neither have you provided them with your ID for identification?

      How come did they ask you to upload your CV and the type of work you would like to search for on your journal, when you haven't provided them with your ID, as that's what you said on another thread a couple of days ago?
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @M shirker Yes they should have had staff training whenever I have stuck my head into the job centre recently it was dead hardly anybody in there plenty of work coaches knocking around though
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Anon So would they be able to force a medical assessment on you
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Anon Ok thanks
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    I don't have it in me to fight anymore. I've had 6 assessments in 15 years and everytime I've had to fight at some point during the process, I just can't do it anymore. It's a struggle to stave off bad thoughts on a daily basis, I'm not sure I've got it in me if they mess this up, part of me will deliberately give up trying.
    • Thank you for your comment. Comments are moderated before being published.
      · 4 hours ago
      @adrian Well said adrian.
    • Thank you for your comment. Comments are moderated before being published.
      · 12 hours ago
      @Aw AGE  61  Works accident  38 yrs back .  Payed 42 yrs class1 ni/ tax (paye)  . SO  NEW state oap  paid for + any benefits claimed Work caused my disability  . NOW  from april 2024 have 2 nd degenrative changes  mobility issuies , DONE UC50 ,after bit battle , Awarded (LCWRA  ) + claim UC  .  OUR money we paid in over life time work 44 yrs + . PLZ dont give up  we need to stick togher solidarity in bad times . PERSONALLY  IF  u claim ESA , support group , LCWRA .  SIMPLES  we   been passed  Medically unfit for WORK  work realtive activity . BUT  just like last govertnment , NEW govertnment july 2024 , CANT / WANT / EXCEPT this .  KEEP  ur spirits up .   Dont give up . 
  • Thank you for your comment. Comments are moderated before being published.
    · 13 hours ago
    Where is the note you mentioned we can add 
    • Thank you for your comment. Comments are moderated before being published.
      · 9 hours ago
      @Jessie.b Jessie.b, Click on Guides, then ESA/UC, scroll down to ESA to UC migration. 2nd paragraph is ESA to UC Managed migration FAQ'S. Think it comes under Making a claim in the long list of headings.
    • Thank you for your comment. Comments are moderated before being published.
      · 11 hours ago
      @Shirley Yes im looking for that
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    · 14 hours ago
    This is why so many people didn’t claim.   The DWP need to be bought to justice, enough is enough!
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    Utterly terrified, like you say, I do not have the mental or physical resources to cope with this.  Very much feels like this could be the end for me, can't go through this.  How can they be so cruel to vulnerable people, with work coaches who are not medically qualified.  WCA's are horrendous enough even when the assessor is medically qualified.  Nightmare. 
  • Thank you for your comment. Comments are moderated before being published.
    · 15 hours ago
    Is it possible that anyone out there could tell me what rights I have migrating from Income Support (which I got because I’m disabled) to UC? I can’t find any information anywhere about this and I feel like I’ve slipped through the net (story of my life) 
    Do I have any rights at all? I’m so stressed over this
  • Thank you for your comment. Comments are moderated before being published.
    · 16 hours ago
    It would be some help if the government gave us a clue as to how/if the migration is being organised - by area, ni no, alphabetically etc. Then at least we could prepare a bit. It's probably random 🙄
  • Thank you for your comment. Comments are moderated before being published.
    · 16 hours ago
    I have had my migration notice, to move from Ir ESA to universal credit I have until the 17th of January 2025, I will be making by claim the first week of January after the new year. I really don't want the hassle over Christmas. 
  • Thank you for your comment. Comments are moderated before being published.
    · 17 hours ago
    Due to migrate this month and dread is an understatement. Helped a family member and had to involve our MP.  He had to go in Job Centre to have his ID verified and they requested sick notes which he got and then was told to accept work commitments and attend a further job centre appointment for work commitments. He was in support group and they threatened to stop his claim if he didn’t accept. Job centre are treating migrating claimants the same as new claimants and they are
    Obviously not being taught how to distinguish between the two. Hoping I can navigate without help of MP but will definitely be getting in touch if need to. 
    • Thank you for your comment. Comments are moderated before being published.
      · 12 hours ago
      @Dmwors PEOPLE  in support group esa  , & passed WCA  should go onto LCWRA  NO FIT NOTES/ WORK COMMITINMENTS  . BUT  uc  treat u as new claim  it takes 4 week from claim  to get infoormation from esa to uc to confirm u had WCA / support group . IF  u go on journal report  change cicumstances  unfit for work supply/ report fit notes , work commitinments should stop  until uc get esa records . 
  • Thank you for your comment. Comments are moderated before being published.
    · 22 hours ago
    I’m just speechless and lost for words with all this will let you know next year enjoy my Xmas first I’ve not decided yet what I’m going to do if it still a shambles (10,000 a week is going to be interesting)then worst option is to start a new claim loose money in the beginning but then get it back if get support group again after wca 
    • Thank you for your comment. Comments are moderated before being published.
      · 8 hours ago
      @Jon @Jon I’m expecting letters say new year or Easter 2025 so don’t think labours new wca rules will be in place by then Im going down for autism/aspergers anyway they might not touch the social phobia descriptor 
    • Thank you for your comment. Comments are moderated before being published.
      · 10 hours ago
      @James h James I see what your saying about starting a new claim then having a reassessment medical but what about if they change the rules tighten up inbetween
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    It just goes to show that the politicians and DWP have made a mess of things and in spite of all their assurances and promises of being careful that it is a car crash at the expense of some very vulnerable persons, It is time to take the DWP to court and the officials involved being held responsible and a full judicial review carried out at yet more omnishamples perpetrated. It is clear the system is not ready or fit for purpose and very doubtful if it will save money and will end up costing more money but also put the sick through the mill by irresponsible actions of officers in the DWP and our mislead politicians. Fools rush in where angels fear to tread!
    • Thank you for your comment. Comments are moderated before being published.
      · 9 hours ago
      @Justin starmer being a lawyer shud know better then to allow the illegalness to happen.

      get your head outa the sand please pm. 
    • Thank you for your comment. Comments are moderated before being published.
      · 15 hours ago
      @A Amazing how THE DWP FLOUT THE WORD & the RULE OF LAW & GOVERNMENT LEGISLATION & behave like it doesn’t apply to Welfare Claimants JUST because somebody has no choice other than apply for benefits that ARE AN ENTITLEMENT.😡🤬
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Thank you for addressing this issue, continuing with the migration when its obvious work coaches are untrained in the DWP'S own legislation is disgraceful to say the least.

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