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advice desperately needed re UC

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3 years 6 months ago #252361 by Tenja
advice desperately needed re UC was created by Tenja
Hello my daughter has long term mental health issues and in receipt of PIP. She has not worked since 2009. She had an unplanned pregnancy and gave birth to twins in 2019 - she was told she would now have to claim for UC - for various reasons she would not transfer to UC until I forced her when the twins were almost a year old because she was not in receipt of any child allowance other than child benefit. I helped her to complete the on line form but unfortunately I put her name first whereas her husband who is her carer was the main applicant. She now has a telephone consultation booked with a "work coach" - I have looked at the booklets but difficult to follow I would be grateful for any advice as I will be present at the phone call tomorrow [Wednesday 20th 2pm] Thank you in advance

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3 years 6 months ago #252373 by Gordon
Replied by Gordon on topic advice desperately needed re UC
JP

Are you your daughter's appointee? If not then you may not be able to act on her behalf in regard the DWP.

Have you/she reported her as being unable to work due to disability or illness? If not then she will be treated as someone who should be seeking work, the consultation may be about what steps she needs to take to find employment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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3 years 6 months ago #252394 by Tenja
Replied by Tenja on topic advice desperately needed re UC
Thank you Gordon yes you are right but I am not her appointee.
I have to say I am surprised you understood my message as it was a bit confusing even for me when I re-read it.

The issue is that my daughter was on income support and her husband was her main carer. Using your guides on PIP I was able to help her to get PIP. which allowed him to claim carers allowance.

I think it was about 2010 that a very helpful woman at the job centre met with my daughter who was really struggling said to change the claim into her husbands name and she will not have to attend the support group etc.

This worked quite well and periodically he went to the job centre to confirm nothing had changed so to speak.

My daughter did not discover her pregnancy until she was four months which meant choices were taken from her. She had a scan and it was twins. Due to her mental health, blood pressure issues and multiple birth she was very closely monitored. They were born in July 2019 it is my understanding she was told that she could not claim for the children under income support and would have to make a fresh claim under UC. Well they didn't until I forced them to as they were trying to manage on their income support payment.

When I came out of shielding I helped her to apply for it on line. We made the mistake of her being the applicant. They are now saying she has a work coach and will be expected to engage with him. My daughter is not an engager!

I need advice as to guide her how to manage this as she is naturally worried over all this and that at any time her money will be stopped because she struggles with communication and will not answer her phone etc.

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3 years 6 months ago #252432 by Gordon
Replied by Gordon on topic advice desperately needed re UC
JP

I think the DWP have contacted her because her children are now two years old and she is now considered as being able to work while using suitable child care.

The first thing you both need to decide is whether she is capable of work if not then she needs to contact her GP and ask for a Fit Note to be issued, providing one is then the first thing that she/you should say to the advisor is that you are reporting that she is unfit for work and she wants to be assessed for Limited Capability for Work and that she has a Fit Note declaring this which she will send to the relevant JC+ office.

If you report her as unfit for work then that in principle should be the end of the conversation. She will then be sent a UC50 to complete, our UC/ESA Claim guide explains what the criteria is that she will need to meet and how to complete the form.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If she is fit for work then she will be asked to make new claimant commitment which will detail how she should seek work, for example; how many jobs she needs to apply for each week. There is a guide to avoiding sanctions that you should have a look at, also on the above link.

Gordon

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