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Thread: Upcoming work capacity assesment(universal credit).

  1. #1
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    Upcoming work capacity assesment(universal credit).

    Hi just wondering if anyone can help here...
    Been off sick since end of May with badly broken ankle/leg accident happened in a temporary job.Since then been receiving reduceded capacity for working benefit @ around £440 per month(after waiting 5 weeks on any payments).
    Have now been summoned to a work capability assesment on 14th november even though i have not competly recovered(awarded 27% IIDB allowance) i am nearly certain they will deem me fit for employment, just wondering if i exercise my mandatory appeal how long before it is actioned and will i still be classed as unfit for work while appeal is pending? my current sickness certificate from GP expires end of November.

  2. #2
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    As far as I am aware the appeal process is exactly the same for UC as it is for ESA so first, mandatory reconsideration and then appeal if decision is unchanged.

    Since you are on Universal Credit then if you are found fit for work you would just change 'groups' until the MR is completed and then change groups once appeal is accepted.

    Having said all that the only information I can find is that the system is the same for UC as it is for ESA.

    Suggest that you ask your work coach to confirm the answers.

  3. #3
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    Ok thanks for your help here..just wondering when you say work coach...sorry does this the mean someone at Job centre/univ credit?

  4. #4
    Senior Member nukecad's Avatar
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    The process with Universal Credit is virtually the same except that you will continue getting paid UC instead of the ESA assessment rate during your assessment period.

    One difference is that you do not have to make a seperate claim for LCW/LCWRA if you are claiming UC.
    A claim is triggered automatically once you have been sick for 28 days on UC.

    It also means a slight difference when you have to ask for a Mandatory Reconsideration (and appeal) in that you do not have to change benefits like you do with ESA. (To JSA and then back to ESA assessment again).

    The Work Capability Assessment itself is exactly the same, and uses exactly the same descriptors as the ESA assessment.
    (The questionaire is called a UC50 instead of an ESA50 but otherwise is the same).

    You will need to continue sending GP's fit-notes until a decision is made.
    If you are going to MR and appeal then you should also keep sending them.

    The MR and appeal process is the same as for ESA, (with the slight difference of not having to switch benefits).

    During this time you claimant commitment should be adjusted to reflect the fact that you are classed as having Limited Capability for Work until a decision is made.

    Although to be honest I'm not sure just how they are interpreting this for the time when you are doing the MR before appeal.
    (It's a bit like with ESA, you have officially been found fit-for-work but they reduce your JSA commitment if you claim it during MR).

    With UC the 'element' for LCW or LCWRA is paid from 3 months after the first day on which you provide medical evidence.
    This is the equivelent of the 13 weeks of ESA where only the assessment rate is paid and not the 'component' for WRAG or SG.

    General info on UC and LCW/LCWRA:
    http://about.universalcredit.service...disability.htm


    And just to note,
    Any award of IIDB will be deducted from your UC payments £1 for £1.
    This is because UC is a means tested benefit and IIDB is regarded as income for means tested benefits.

    EDIT
    Just another thought; were you not paying NI contributions when you were working?
    If you have paid NI contributions for the last 2 years then you should be able to claim Contribution Based ESA rather than Universal Credit.
    This could make a big difference if you get awarded Support Group.
    (Just wondering if you have been wrongly advised to claim UC).
    Last edited by nukecad; 11-08-2016 at 02:17 PM.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  5. #5
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    Thanks for you great help here..had been in employment for just under a year before accident. so when i claimed i just presumed everyone making new claim was switching to u.credit

  6. #6
    Senior Member nukecad's Avatar
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    If you only had one years worth of NI contributions in the last 2 years then a UC claim will probably be correct.


    Background:
    Not everyone making a new claim will have to claim UC.
    UC has not replaced all the benefits that the government tell you it has.
    With JSA and ESA it only replaces the Income Related (means tested) versions.

    The Contribution Based versions of JSA and ESA can still be claimed by those who have paid enough NI contributions.

    Currently in most areas of the UK, IR ESA must still be claimed rather than UC, because of what are known as the 'Gateway Conditions'.
    But in other areas, known as 'Full Service' areas, the Gateway Conditions have been removed and so you claim UC.

    (Just which to claim is going to be confusing like this for a couple of years).
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.

  7. #7
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    Ok thanks again.just another quick ? Have just been told i have qualified for a tax rebate from april 2015 to april to 2016,is this also set against my universal credit claim?

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