The DWP claims to have applied a ‘fix’ to the problem of employment and support allowance (ESA)  claimants who are migrated to universal credit (UC)  being unlawfully asked to provide fit notes.

ESA claimants should not be required to produce fit notes when they are subject to managed migrated to UC and ESA claimants in the support group should not be required to undertake any work-related activities.  This is because an ESA claimant’s work capability status travels with them when they are migrated.

But, as regular readers will be aware, there have been many instances of work coaches demanding fit notes as well as trying to impose work-related requirements on former support group members during claimant commitment meetings.

On 16 October Neil Couling, the head of the DWP’s UC team admitted on X  that the DWP were getting it wrong and that a “tactical fix” would soon be applied, followed by a full system fix.

On 27 November, again via X, Couling stated:

“So we deployed the new feature (fix) on Monday to allocate people, who declare as formerly in receipt of ESA, to the correct conditionality group (after a check they were on ESA). It’s a “fix forward” so cases were already in the system they will need the manual correction.”

This should mean that ESA claimants who made their claim for UC from Monday 25 November onwards will not be asked for a fit note and will be placed in the LCW or LCWRA group of UC, as appropriate.

Judging by the very small number of readers we have heard from who have received their managed migration notice over the last month, the ramping up of ESA claims to 63,000 a month by February has yet to begin.

Instead, it seems that the DWP is still in the “test and learn” phase, as it tries to ensure that the department is not deluged with problems and bad publicity when it begins to try to meet the entirely unnecessary deadline of sending all income-related ESA claimants a migration notice by the end of December 2025.

We’ll be watching carefully to see if this particular fix has actually worked,, please share your experience with other readers here.

Comments

Write comments...
or post as a guest
People in conversation:
Loading comment... The comment will be refreshed after 00:00.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago



    https://www.thecanary.co/uk/news/2024/11/26/fraser-nelson-dispatches/

    Channel 4 just gave Fraser Nelson a show about disability and benefits. For shame

    A new Channel 4 Dispatches documentary claiming one of the biggest challenges to the Labour Party government is people on long term DWP sickness benefits will air on Monday 2 December. However, the man heading it up is none other than
     ToryBoy psuedo-academic Fraser Nelson 


    Let us spell this out. Channel 4 got the former editor of the rightwing benefit claimant-bashing Spectator to host its documentary on so-called economic inactivity. Did we mention, that would be Fraser Nelson who has also penned hit pieces for the Torygraph? Yep, yet another right-wing shitrag punching down on chronically ill and disabled people for a past-time:


    Sadly, as most disabled benefit recipients are fully aware, expect more of this type of nasty right wing journalism over the next year 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    Call me cynical about the "fix" but mentioning regulations 19 and 44 in the journal is probably still a wise idea. 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    I get Income related ESA and Housing Benefit. I recently had my migration to Universal Credit notice on 14 Nov 2024. Anyone know when this group was due to migrate? I heard it was 2028? It does look like the ramping up has begun? 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Jamie The fact that you received your migration notice more than two weeks ago should suffice to answer your question.

      However, it's scheduled from September 2024 with the aim of contacting everyone in this group by December 2025.

      Hope this helps.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    That article is 3 years out of date
  • Thank you for your comment. Comments are moderated before being published.
    · 1 days ago
    What  does this mean, they are no  longer going to rush the process through?  https://www.disabilitynewsservice.com/dwp-promises-to-go-slow-slow-slow-slow-on-universal-credit-managed-migration/
  • Thank you for your comment. Comments are moderated before being published.
    · 2 days ago
    I wonder what the fix is?

    Something like perhaps "Are you currently claiming Employment and Support Allowance?"

    This would let the system/work coach know not to ask for a fit note until these details have been verified.

    It couldn't be that simple, could it?

    Remember it's the DWP we are talking about.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @Jonno the migration questionaire asks this question when you apply for UC afaiu. it until recently, in some cases, seems those processing the migrations weren't taking this into consideration, so maybe it's an visual fix, if c says yes are on inc based esa either in lcw or lcra then flag to work coach/other processor of new claim, show them regs or other message saying no need for fitnote etc, or better still, electronic check to block processor from asking for fn or denying lcw or lcwra after proof is on esa from claiment or by other dwp verification of c's migration from inc based esa. if it's an electronic fix they've implemented, probably is due to scales, it's probably the latter of my suggested two. also it wouldn't take much to have old system speak to new, or to let claiment upload proof of current esa claim for verification. 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 days ago
      @MrFibro Maybe they’ve switched the server off and then back on again….
    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @Jonno Their fix sounds to me to be a stitch up.
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    I will do next year in 2025 I’m currently in the esa work activity group and live in the Blackpool south area not had the letter yet 
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    How does this affect contributions based ESA?
    • Thank you for your comment. Comments are moderated before being published.
      · 3 days ago
      @Clare It won't UNLESS you also claim Income Based ESA ( some get both ) in which case UC replaces that part only. You still get CB or NS ESA..

      Only other cases are the "HB Only" ones. These are those that get CB ESA ( or other Non Income Based benefits or are on other Low income or wages ) but also HB. They have to migrate due to the HB as it's ending. These began in June/ July and will continue during 2025.
  • Thank you for your comment. Comments are moderated before being published.
    · 3 days ago
    Big thanks to @rooneygmusic who's tireless work in this area was instrumental in making this happen. ( and who I have the great honour of knowing ) 
    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @BOB Yeah rushing 63000 claimants per month.  No wonder nothing is going right.
    • Thank you for your comment. Comments are moderated before being published.
      · 2 days ago
      @Jilly I really hope labour gets it right when they are discussing how to change the WCA don't know if the changes will affect new claimants only. They need to have discussions with disability charities and get opinions from the sick and disabled on what help they would like to happen. The migration from ESA claimants to UC I think they should pause until they get on top of other problems the DWP have. I know people that have been waiting for over two years to get re assessed due to change of circumstances. They are backlogged like you wouldn't believe.  They are trying to rush through things but getting into a mess 

Free PIP, ESA & UC Updates!

Delivered Fortnightly

Over 110,000 claimants and professionals subscribe to the UK's leading source of benefits news.

 
iContact
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.