Archive for the ‘Universal Credit’ Category

The 2 yr Job Rule for Disabled on Universal Credit is not True!


 

In the last few days it has been widely reported by various bloggers that those disabled claimants claiming Universal Credit are subjected to finding a job within two years or face a 1 year sanction. This is utter fabrication and feeding many claimants fears which could potentially cause harm. So today I called Welfare Rights ,who called DWP while I remained on the phone, they denied that this information was correct and was downright alarmist and dangerous. That doesnt mean I trust DWP and have submitted a FOI too given 7 years of shenanigans. So you see folks, you can take the fear project and destroy it with Facts!

Those who will be put on Universal Credit (UC) will have to sign the claimant commitment regardless, some will be subjected to full conditionality some will have their conditionality limited depending on the circumstances, and subject to sanctions if they fail to comply with the agreed commitments they agreed with work coach via the Work Plan,My 4 steps,My Values documents.  (Document links provided at bottom of the blog.)

As promised last night, the SKWAWKBOX has been looking further into conflicting reports from DWP insiders concerning the WRAG (work-related activity group) category into which the government, more or less arbitrarily, places some disability benefit claimants and the possibility of sanctions after a fixed period of two years under the Universal Credit (UC) system if claimants have not found work.

Some activists insisted that this was part of the UC system and this was initially confirmed by long-term DWP employees. Others subsequently disputed it. The only thing all were agreed on was that the rules are ill-conceived and extremely confusing.

The SKWAWKBOX contacted a PCS union official who specialises in UC for clarification and received this response:

 

I’ve been looking at the regulations and I can’t find anything that refers specifically to a fixed time limit in which to find employment.

That is right, because no fixed time limit exists in the regulations

 

The ‘disabled’ argument, as I’m sure you are aware, is notorious because ultimately the Department through the provide contractors are essentially able to define who is fit or not for work.

For example, a claimant maybe moved from ESA to UC on the back of a WCA [Work Capability Assessment]. The claimant may disagree with the decision but they are stuck.

If they are adamant they are not fit for work, they could refuse employment in an environment they believe will affect their health.

 

If they have been found to have no Limited Capability for Work, they cannot refuse employment. The fact that claimants think they are unfit for work has been the main issue with the flawed WCA since 2008

 

This is where the sanction process comes in – a 13wk, 26wk and 156wk sanction could apply (although similar regs existed prior to UC and the 2012 Welfare Reform Act if not as harsh or severe).

 

In this case you’re looking at failure to apply, not accepting work or leaving on one’s own accord. Their argument is they aren’t fit, the department will still look at sanctions.

The circumstances described here apply to somebody who has not been found to have Limited Capability for Work.

 

The sanction regime is clearly arbitrary, deeply unfair and dangerous – but there is no rule mandating a fixed time-limit for a claimant to find work.

Again no time limit

 

However, another PCS/DWP source warned that while the rules don’t include such a limit, the way they are applied may not be as clear cut:

I can tell you that we have received complaints from WRAG claimants about having their ESA revoked after two years. And now they are treated as JSA claimants because they are ‘fit for work but not necessarily their precious occupation(s)’.

ESA cannot be revoked. It simply cannot be claimed after a claimant has been found fit for work. Previous occupations are not a consideration. That has always been the case.

 

Sanctions have been applied because the claimant has not fulfilled their requirement to find work. The purpose of the WRAG was to enable people to return to work despite being disabled, but this component has now been removed as WRAG claimants are now treated as jobseekers.

 

WRAG claimants under UC are described as having Limited Capability for Work.. They are not required to search for, be available for and start work, and cannot be sanctioned for not doing so, but they are required to accept work preparation requirements within their commitment and attend WFIs

.

 

Other WRAG claimants have been booted off ESA or the sickness element of UC after a period of two years because they failed their WCA – deliberate decision to bully them back to work.

 

Some claimants will fail their WCA after 2 years. Others after 6 months, 12 months  etc.

2 years is actually a prognosis period, meaning a number of people are reassessed at this stage. Unless there is any evidence of a pattern, this period of 2 years is meaningless

 

Thanks too to Anita Bellows who has worked with me on this 🙂

 

So you see folks, you can take the fear project and destroy it with Facts! 

https://www.scribd.com/document/353594773/4c-ESAHWC1

https://www.scribd.com/document/353595852/CC-O18-E15

https://www.scribd.com/document/352833734/CC-Work-Preparation-Activities-v1-0

https://www.scribd.com/document/353603319/1359203507-UJcompanyleafletJCP

https://www.scribd.com/document/354185048/CC-Requirement-to-Accept-a-Claimant-Commitment-v2-0

https://www.scribd.com/document/354185364/cc-commitment-not-accepted-v1-0

https://www.scribd.com/document/354185650/My-4-Steps-Template

https://www.scribd.com/document/354187257/1816-my-values-1-pdf

https://www.scribd.com/document/349517725/UC-Claimant-Committment

https://www.scribd.com/document/349520361/FTS-FTP-in-WFI-and-Failure-to-Undertake-Work-Related-Activity

https://www.scribd.com/document/349517543/Handout-08-01-Commitment-Pack-v7-7

https://www.scribd.com/document/354182466/Dealing-With-Sanctions-Facsheet-4

https://www.scribd.com/document/353627563/HWC-Exemptions

 

Read Frank Zola Blog below;

https://mrfrankzola.wordpress.com/2017/07/18/disability-rights-uk-disrightsuk-questions-why-dwp-esa-health-work-conversation-mandatory-foi/

Update…….. “The Article originally produced by SKWAWKBOX. Claiming to that Disabled Persons could only claim UC for 24 months, is a mishmash of quotes from Gen William Taggart, who was actually talking about an Early ‘Draft’ of the Welfare Reform Acts. At no time did Gen. T directly associate this with Disabled Persons, in fact it was just a heads up for activists/advocates etc, to remember not to get complacent about the Statutory Instrument placed within the Welfare Reform Acts. “

 

Further confirmation from DWP to my FOI

My FOI response

“Claimants on JSA or UC, who are expected to look for and be available for work, must do all
they reasonably can to find and take up a job. However, the DWP sets no specific time limit for
how long a claimant is given to find a job.
Sanctions are only used in a minority of cases when people fail to attend work-search reviews;
fail to meet the work-related requirements they have agreed in their Claimant Commitment;
fail to apply for work or take up an offer of work; or leave a job, without good reason.
The DWP does not have any statutory powers to sanction or reduce benefit payments solely on the basis
that a claimant has been trying but has been unable to find work within 2 years.”

 

https://www.whatdotheyknow.com/request/js_a_two_year_clause#incoming-1019979

Universal Credit Report -Hidden dangerous policy decisions that will cause harm


This report from Disability Campaigner Gail Ward is a must read for all benefit claimants and those claiming  ‘in work’ benefits claimed by millions in the UK. It has plenty of references and downloads contained within the document and it will alarm many, it should, as this government is targeting the poorest in society at the expense of saving the rich. Some of those already transferred will know the horrors already highlighted recently by Citizens Advice (CAB),but the majority do not. This blog doesn’t have the capacity to embed the entire report to enable reading online ,but you can download it from the link below in the hope that this will help many prepare for the next onslaught by this barbaric government whose sole purpose is to hound claimants, and save money for the state putting profit before people. If you thought WCA (ESA) was bad this will make it look relatively tame.

 

https://www.scribd.com/document/353794654/Universal-Credit-Report

Universal Credit -The conversation nobody is talking about


This is likely to be a very long blog and I make no apologies as this is important information we all need to get to grips with to survive.

 

Universal Credit (UC) is slowly being rolled out across the UK for some claimants , mainly single claimants and to be continued for couples. The legacy benefits that people are currently getting will eventually become Universal Credit,which runs a live programme (with gateway conditions) and a full rollout programme (no gateway conditions)alongside each other. Advisors will need to determine which is operating in their area and inform clients and explain in full their rights and eligibility. The fact that some will get hit hard  is just the scratch on surface to the vile and brutal conditions of the health & work programme which is incorporated within it. ESA Claimants in WRAG (Work Related Activity Group) will lose the £30 a week inline with JSA for new claims while others migrating will get transitional protection until they have a change circumstances,or appeal, then they will lose it. If you have a change of circumstances at present on ESA  in a UC area  you will be put on UC and stay on it you wont be able to go back to your legacy benefit. For those on ESA it you will continue be assessed via WCA (Work Capability Assessment ) as you are now, but support group will be required to engage with claimant commitment to continue to receive payment according to UC documents. The specialist employment programmes are likely to be part of this commitment if the work coach feels the claimant could move closer to labour market. This will be done via Health & Work Conversation with a Work Coach.

 

Framework The claimant is supported in this regime by use of their Commitment. The claimant agrees their Commitment and is required to alert Universal Credit to any upcoming unemployment and changes of circumstance. The claimant can be sign posted to relevant support depending on their circumstances.

Claimants in this regime may still need or require some support in helping them to move closer to the labour market. If this applies, flexibility exists to sign post claimants to non-funded voluntary support. Consider existing voluntary options in the local area.

 

Support groups claimants will also be hit by losing SDP (Severe Disability Premium) which is currently £62.45 a week for single people and £124.90 for couples unless someone gets Carers Allowance to help you then the single rate will continue,providing you get middle or high rate care needs. Carers too will be affected if they care for a disabled person

 

If other benefits are received, this may impact on the Universal Credit award. Some benefits are ignored whereas other benefits have a pound for pound impact on the Universal Credit award.

Other benefits Universal Credit should not be paid to claimants with enough income available from other sources to support themselves. Exceptions are where payments are received in respect of additional costs which the claimant has, for example disability benefits.

Claimants who receive other benefits in addition to Universal Credit are subject to the relevant Universal Credit Labour Market regime based on their relevant Universal Credit legal conditionality group.
Other benefits taken fully into account The following benefits are taken fully into account when calculating Universal Credit payments:  Bereavement Allowance  Carer’s Allowance  New style Employment and Support Allowance (contribution-based)  Incapacity Benefit  Severe Disablement Allowance  Industrial Injuries Disablement Benefit  New style Jobseeker’s Allowance (contribution-based)  Maternity Allowance  State Pension  Widowed Mother’s Allowance  Widowed Parent’s Allowance  Widow’s Pension

This means for each £1 received from these benefits, the Universal Credit payment is reduced by £1.

Any benefit, allowance or payment from a country outside the United Kingdom could also be taken fully into account, depending on the circumstances.

Pension Credit Universal Credit offers a signposting service for State Pension Credit (SPC).Claimants can find further information about SPC on Gov.UK. A benefit unit cannot be in receipt of both Pension Credit and Universal Credit. One of the basic conditions for getting Universal Credit is that a claimant must not be over the qualifying age for SPC.

This is called the Upper Age Limit.
Joint claim The Upper Age Limit doesn’t apply if the person over State Pension age is in a joint claim and their partner has not reached that age. Both adults are eligible for Universal Credit providing all other conditions of entitlement are met. The person over the SPC qualifying age is exempt from work conditionality and will be placed in the no work related requirements regime. Example: One adult in a couple is 57 and the other is 75. Both are able to claim Universal Credit together as a joint claim in the normal way.

Once Universal Credit Full Service is live nationally for all new claims, couples with only one person over the Pension Credit qualifying age will no longer be eligible for Pension Credit. This will ensure that the younger member of the couple has access to support to find work, if appropriate.

The person over the SPC qualifying age is exempt from work conditionality and will be placed in the no work related requirements regime.

So even some pensioners will be targeted as the above example illustrates. Also targeted are single parents .

 

This combined with the benefit cap now  and the family cap (2 child Rule) from 2018, will also face cuts to housing benefits via LHA being reduced with those in private accommodation hit by a new Bedroom Tax and Supported Mortgage Interest being turned into a loan will hit virtually impacting on everyone especially those who are in work too and off sick. The latter will now face 4 wks fit note and then a assessment to determine eligibility to top up benefits to SSP, and subjected to claimant commitment conditions. Those in exceptional circumstances such as Domestic Violence, etc will get the opportunity to ask for alternative payments arrangements so they are not left penniless by abusive partners. Nobody will be deemed exempt it seems, from the vile clutches of this ‘monster’ created by the government and these things need to be urgently addressed and with Brexit around the corner and prices rising already the poorest will most likely be affected the most. There are even two regimes to get people into labour market depending on your given  perceived status. one is Light Touch and the other is Intensive regimes. It is impossible to upload all documents which are many, but main ones are listed below as now is the time to plan ahead to help people understand how Universal Credit can affect you and your families understand the system to make sure you can understand what is expected of them.

One the many hideous things hidden in the Health and Work Programme is IAPT (CBT therapy) which will become compulsory as well as Troubled Families roll out, and targets to enforce therapy regimes on those who are obese, drink,drugs,smokers. Refusing to  take part in this mandatory requirement you will cease to be entitled to Universal Credit.Those considered in debt  and financially vulnerable will also be put forward to personal budgeting support advice where they will be judged and no doubt blamed for buying services that the nanny state deem expensive/unnecessary given the amount they have to live on. Health and Work Blog is linked below.

This Government has excelled itself in brutality towards claimants of social security,while convincing the populace of the UK that demonising the poorest is the acceptable norm and that they are fair game to be abused and they are not worthy as they are unable to contribute in same way a fit able bodied person , leading to further division. While this is not in depth Blog I have included relevant documents for download and uploaded a powerpoint to help people understand how they will be affected.

Anyone needing further advice can use the calculator link below to find out how they will be affected or seek proper advice locally and this blogger would urge people to check how you will be affected to prevent distress and income depravation.

http://www.entitledto.co.uk/benefits-calculator/startcalc.aspx

 

https://www.scribd.com/document/349604179/Housing-Costs-Private-Rented-Sector-v4-0

https://www.scribd.com/document/349604161/Housing-Mortgages-Previously-MQPs-v3-0

https://www.scribd.com/document/349517725/UC-Claimant-Committment

https://www.scribd.com/document/349526820/hwc-claimant-booklet

https://www.scribd.com/document/349520880/Customers-With-Additional-Needs

https://www.scribd.com/document/352763377/Carers-V4-0

https://www.scribd.com/document/352763488/Universal-Credit-and-APAs

https://www.scribd.com/document/352764924/Personal-Budgeting-Support-Guidance

https://www.scribd.com/document/352765382/Labour-Market-Regimes-V4-0

https://www.scribd.com/document/352833624/Appointees-v4-0

https://www.scribd.com/document/352833674/Benefit-Cap-v3-0

https://www.scribd.com/document/352833734/CC-Work-Preparation-Activities-v1-0

https://www.scribd.com/document/352833773/Child-Maintenance-V1-0

https://www.scribd.com/document/352833815/childcare-costs-at-a-glance-v2-0

https://www.scribd.com/document/352833897/Health-Conditions-and-Disabilities-v5-0

https://www.scribd.com/document/352834778/Students-v5-0

https://www.scribd.com/document/352834943/UC-Monthly-Rates-v5-0

 

 

 

https://blueannoyed.wordpress.com/2017/02/10/the-health-work-programme-is-work-really-a-health-outcome/

 

 

UPDATES : More documents have been uploaded including the powerpoint below, Please also check out my blog on Dementia Tax , Cuts that will cut Deep blog also.

 

https://www.scribd.com/presentation/352840015/Universal-Credit

 

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