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  • Barney Rubble
26 Jun 2025 10:36
Replied by Barney Rubble on topic UC Claimant Commitment and Appointees

UC Claimant Commitment and Appointees

Category: ESA, PIP, UC and DLA Queries and Results

In your guide to Successful ESA To UC Managed Migration May 2025 Version 5 on pages 41 & 42 you state: 'An appointee cannot agree a claimant commitment on behalf of another person, so if you have an appointee, you will not have a claimant commitment for UC. Therefore, you will have no work-related requirements, whether or not you have the LCWRA element within your UC claim.' You then provide a link to and quote the DWP Advice for Decision Makers paragraph J3271 '“In all appointee cases the need for a claimant to accept a claimant commitment is waived (see further guidance in ADM Chapter J1) and work-related requirements are switched off. There should be no mandatory activities, including mandatory WFI's and no sanction action taken.”

I've clicked on the link and it does not say 'in all appointee cases'. It states: 'For most claimants with an appointee this would indicate they have specifc vulnerabilities,complex needs or they lack the capacity to act for themselves, therefore, in most appointee cases the need for a claimant to accept a claimant commitment is waived (see further guidance in ADM Chapter J1)
and work-related requirements are switched off.

Which is correct, In All Appointee Cases or Most Appointee Cases.

Barney
  • Gaz2025
23 Feb 2025 00:56

UC (new claim): Work-Coaches, Pre-WCA Claimant Commitment, and DEA

Category: ESA, PIP, UC and DLA Queries and Results

I'm very confused by this whole thing. Apologies for the story but I'll need to explain where I've got to.

I made a new claim on health grounds, did the ID bit as one job centre visit and then saw a 'Work Coach' (WC) as a separate appointment (at their behest); this last one was on 3rd Feb.
The WC seemed to be starting from a position of expecting me to be fully capable like a jobseeker, only 'switching off work search requirements' because the mental-health (MH) worker that was with me pushed back on MH grounds (several times). The WC said they were still imposing some directions to 'know what was available' but that the 'work search requirement was switched off'. We therefore understood (quite reasonably I think) that the weird direction didn't really matter too much because it was voluntary. This is the only bit they showed me written down, they said they couldn't give a printout to sign and that I had to go home, sign into the magic portal and agree the claimant 'commitment' there. They also arranged a WFI for 10th March but said not to worry about it and I wouldn't be put under pressure.

When I went to confirm the agreement I found the WC had also put that I need to do their (incoherent) search for 35 hours a week(!). I replied that this hadn't been discussed. They claimed it had, re-stated about having 'switched off work search requirements' (which seems to be rendered meaningless by the content of the agreement) but put it down to 10 hours. I said I can't work-search for that (arbitrary number) either, we haven't discussed work or my capabilities at all and given you have a sick note that makes no 'fitness' exemptions it makes no sense to give me work tasks before the health assessment so please consider me exempt until then.
They claimed 'it doesn't work like that and you have to sign the commitment'. I said please would you seek internal guidance on your procedures for exemption. A Disability Employment Adviser then wrote to say that they would 'explain the claimant journey' and made an appointment but for after the agreement signing deadline. Trying to keep things civil, I said ok fine we'll talk then, but as I still had the agreement unchanged and timing out I settled for stating I would mark it as agreed but was doing this under duress and that I wanted it reviewing at the first opportunity.
The DEA appointment was to be last week but was cancelled (their end). They've since re-scheduled but for after the WFI (13th March).

I would be extremely grateful if someone could explain, or point me to other threads that might explain, what the hell is going on. Are they outright avoiding consideration of substantial risk rules (I have an energy-limiting chronic illness)? Should I ask for the WFI to be postponed until after the DEA? What is the DEA's game? Maybe I'm missing something - I've been over reams of guidance trying to comprehend all the rules and regs until I'm dizzy but still I'm unable work out where I stand. I still haven't got a UC50, btw.
Also note although my G.P. signed the sicknote it's clear I can't count on them for any support or insight into the condition - not entirely unreasonably as it's a specialist medical area they've had no training on (I also don't think they're particularly interested in learning but let's not get into that). Also also, if I'm involving the MH worker note they come with a civilian perspective not a rights-based one.

Much much appreciated if anyone can help.
  • David
10 Dec 2024 13:29
Replied by David on topic UC -Carer- WCA

UC -Carer- WCA

Category: ESA, PIP, UC and DLA Queries and Results

Hi battyboo,

I think you can write in your Journal message something similar to what you posted here --
"They have contacted my GP after I to thought it was done , and I received a call to ask why I have a different address .I hadn't changed my address I couldn't face getting a new doctor yet.
They have ruined that for me .
I messaged via the journal as I didn't want to speak on the phone due to my health issues.
I Advised via journal that I don't want to go through a WCA.
As I am a carer as you rightly said previously I do not have to have a WFI
Jobcentre has replied stating that I need to telephone the number on the letter to speak to them.
They are not taking into consideration any of my health issues.
They replied "That It's basically my fault as I ticked the boxes about health problems.and that it's a process.
I provided a fit note then found I didn't need too as a carer.
Very unhelpful. I received a message to say if I do not take the call my benefits will be affected."

Ensure that you make the Journal message for the attention of the Manager I suggested otherwise it will go to the Work Coach who is causing the difficulties.

David
  • battyboo
26 Nov 2024 19:52
Replied by battyboo on topic UC -Carer- WCA

UC -Carer- WCA

Category: ESA, PIP, UC and DLA Queries and Results

Hi I am continuing to have problems.
They have contacted my GP after I to bought it was done , and I received a call to ask why I have a different address .I hadn't changed my address I couldn't face getting a new doctor yet.
They have ruined that for me .
I messaged via the journal as I didn't want to speak on the phone due to my health issues.
I Advised via journal that I don't want to go through a WCA.
As I am a carer as you rightly said previously I do not have to have a WFI
Jobcentre has replied stating that I need to telephone the number on the letter to speak to them.
They are not taking into consideration any of my health issues.
They replied "That It's basically my fault as I ticked the boxes about health problems.and that it's a process.
I provided a fit note then found I didn't need too as a carer.
Very unhelpful. I received a message to say if I do not take the call my benefits will be affected.
I had to move 4 Months ago and claim UC I receive a transitioning award SDP.
If I ignore it will I be sanctioned?
Any advice? Thank you.
  • Kelly
25 Sep 2024 09:28
Managed migration was created by Kelly

Managed migration

Category: ESA, PIP, UC and DLA Queries and Results

Hi

Having read the extremely helpful managed migration FAQ's guide, we would appreciate clarification on the situation of those with an appointee.

My husband claims PIP and has an appointee. I claim income support. We have not yet received migration notices due to those people with appointees being currently deferred from the process.

The managed migration FAQ's guide advises that people with an appointee will not be made to accept a claimant commitment or attend WFI's and that this requirement will be switched off even if the claimant doesn't have the LCWRA element.

Does this mean my husband will be spared having to get a fit note and will not have to go through the UCWCA?.

I claim IS so assuming that we would get transitional protection our income would remain unaffected.

Our thanks in advance.
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