Hello Mike,
My client Ria has been getting old-style ESA since 2016.
She just claimed UC after getting a migration notice.
When she had her new-claim interview, her work-coach said that she has to get a new fit-note* and have a new Work Capability Assessment
Now Ria’s anxiety is going through the roof.
Is the work coach right? Does she have to go through the whole thing again
Thank you
Billie
Hello Billie,
No! The work-coach is wrong. Ria does not need a new Work Capability Assessment.
Her old ESA assessment carries through to the Universal Credit claim.
The rules about moving from legacy benefits to Universal Credit are laws: the Transitional Provisions Regulations 2014
And regulation 19 says where… an award of universal credit is made to a claimant who was entitled to old style ESA on the date on which the claim for universal credit was made… and… the claimant had limited capability for work or limited capability for work-related activity… the claimant is to be treated as having limited capability for work and work-related activity…
Of course, most DWP staff don’t work directly from the regulations, so telling them about Reg 19 of the TP Regs probably won’t help.
But the government publishes a DWP staff guide called Advice for Decision Making, and DWP workers are much more likely to be familiar with this.
So, you could point out that paragraph M6192 says:
Sometimes, DWP staff are reluctant to engage with you when you point out things like this, so you might have to be quite insistent; because, if she submits a new sicknote*, the health journey will start. And once it’s started, it seems unstoppable.
Nonetheless, the law (and the guidance) are on Ria’s side she does not need a new WCA.
* Sick-note
A sick-note is legally called a healthcare professional’s statement.
I prefer to call them sick-notes.
But DWP loves to call things the opposite of what they are, and their staff call them fit-notes. Ffs!