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Work search review interview whilst on sick

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What is the score with someone signed off on long term sick, and on UC with income based ESA being called in for a Review to see if they are doing enough to seek work or increase their hours They haven't had a report from a Work Capability Assessment as yet?

 

this is what was on their To Do List about the interview:

 

"This is to check you're doing everything you can to find a job, or earn more".

 

If they say they are signed off with a Fit Note stating they are Unfit For Work would they get a Sanction for refusing to look?

 

A neighbour has asked me about this, as they are a tad confused.


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If the current claimant commitment requires some work search activities, then that is what they have to do. Technically, if there was no work search activity completed at all, with your neighbour telling the Job Centre they were not bothered, then this could lead to sanction, even if they had a fit note under a UC claim.

 

It is only if a Job Centre Work Coach switches off work search activities or a Decision Maker has awarded limited capability for work, where they don't need to do the work searching.


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Thanks UB, he said there was no work search commitment in place as yet, ATOS Work Capability Assessment not back yet.


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Normally a work search commitment would state, you must search for work for xx number of hours and apply for any jobs that you find etc.

 

If he is on UC, unless he has been told specifically that he does not need to search for work, he should undertake some work searching and show interest. This is just to avoid any potential for a sanction. Some Job Centres are too quick to refer for a sanction to be applied, so best to be on the safe side.


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Person is still employed but SSP ran out and was advised to claim ESA but is hoping to return to the job soon.


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Where a person is too sick to work, a claim for either UC or ESA would be made depending on what stage the UC rollout is where that person lives. It is not possible to receive both UC and ESA.

 

Where a claim for UC has been made and no work capability assessment completed, the claimant is subject to the same work focused interviews as a claimant found to have limited capability for work (LCW). This means that the claimant will have to attend interviews at the Jobcentre under threat of sanction for non-attendance.

 

Once a work capability assessment is complete, the claimant will be placed in to one of two groups, limited capability for work (LCW) or limited capability for work and work related activity (LCWRA).

 

If found to have LCW, the claimant will need to continue attend work focused interviews at the Jobcentre under threat of sanction. This does not mean that the claimant is required to apply for jobs but discuss steps taken to prepare for going back to work. If the the claimant is found to have LCWRA, there is no obligation to attend work focused interviews.

 

I short, unless your neighbour is found to have LCWRA after the work capability assessment, he/she will have to continue to attend work focused interviews at the Jobcentre or risk being sanctioned for failure to participate.

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Actually it is possible to receive both UC and ESA as you can do a dual claim to New Style ESA (contributions) and UC for any means tested benefits i.e. HB and tax credits of old.

 

The work coach can agree to have either face to face or telephone appointments if they want too, they can also relax how often they have to have contact with you.

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Actually it is possible to receive both UC and ESA as you can do a dual claim to New Style ESA (contributions) and UC for any means tested benefits i.e. HB and tax credits of old.

 

To be more specific, income based ESA, as the neighbour is getting, cannot be received at the same time as UC.

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Thanks folks will advise neighbour . Told him best not to twist their tails and give any up to date medical evidence and forthcoming doctor or hospital appointment dates swo they don't try to call him in on those days.


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