Nobody is Unfit for Work – Black Triangle Campaign


What you will read may be very distressing for you, but we are looking at the worst-case scenario and identifying measures to help you and other claimants.
It would be good to have some feedback on the Health and Work Conversations from people who have made an ESA claim. More we know about it, and more we can fight this.
What you should not do, is to decide not to claim ESA. That is what DWP wants you to do.
Some documents released by the DWP have shown the direction of travel in terms of claiming ESA under UC.
Under the old regime, a person wishing to claim ESA was placed in the ESA assessment phase, attracting the lowest ESA rate (JSA rate), and also no conditionality, and this until a Work Capability Assessment could decide whether the claimant was fit or unfit for work.
The Work and Health Conversation
Under Universal Credit, a person wishing to claim ESA will be first called for a Health and Work Conversation (HWC). This conversation is basically a Work Focus Interview, and is mandatory, which means that a claimant can be sanctioned for not attending. Attending does not only mean being physically present at the interview but also fulfilling all the requirements set by DWP for a WFI:
Regulation 57 of the Employment and Support Allowance Regulations 2008:
57.—(1) A claimant is regarded as having taken part in a work-focused interview if the claimant—
(a) attends for the interview at the place and at the date and time notified in accordance with regulation 56;
(b) provides information, if requested by the Secretary of State, about any or all of the matters set out in paragraph (2);
(c) participates in discussions to the extent the Secretary of State considers necessary, about any or all of the matters set out in paragraph (3);
(d) assists the Secretary of State in the completion of an action plan.
 (2) The matters referred to in paragraph (1)(b) are—
(a) the claimant’s educational qualifications and vocational training;
(b) the claimant’s work history;
(c) the claimant’s aspirations for future work;
(d) the claimant’s skills that are relevant to work;
(e) the claimant’s work-related abilities;
(f) the claimant’s caring or childcare responsibilities; and
(g) any paid or unpaid work that the claimant is undertaking.
(3) The matters referred to in paragraph (1)(c) are—

Source: Nobody is Unfit for Work – Black Triangle Campaign

Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders – Black Triangle Campaign


Activists ‘horrified’ by universal credit rules forcing sick claimants into work activity  

“Very dangerous” rules are forcing severely-ill people applying for the government’s new universal credit to look for jobs and take part in training, even though their GPs have said they are not fit for work, “horrified” disabled activists have warned.

The rules – which have never been announced or publicised by the Department for Work and Pensions (DWP) – apply to new universal credit claimants who are waiting for an assessment of their “fitness for work”.

And they mean they could have their benefits sanctioned for up to three months if they fail to follow strict instructions from a job coach with no medical training.

They are forced to take part in work-related activity, such as a work-focused interviews and “work preparation”, which could mean training or employment programmes.

They could also face sanctions if they fail to show they have searched for a job for up to 35 hours a week, and have not made themselves available for paid work.

Potential sanctions will continue to hang over their heads until their fitness for work is eventually tested through the notorious work capability assessment (WCA), which could take months.

Dr Stephen Carty, medical adviser to the Scottish grassroots campaign group Black Triangle (BT), who

 

Source: Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders – Black Triangle Campaign

DWP presentation on ESA plans ‘confirms worst fears’ about green paper – Black Triangle Campaign


Ministers have been accused of ignoring a public consultation and ploughing ahead with plans that will make their “fitness for work” testing regime even more stressful and unfair for sick and disabled people.

A presentation delivered by two senior Department for Work and Pensions (DWP) civil servants earlier this month suggests that ministers have decided – as many disabled activists feared after the publication of last year’s green paper – to introduce new benefit sanctions for sick and disabled people with the highest support needs.

The presentation at a DWP “Operational Stakeholder Engagement Forum” appears to confirm that the government had decided how it would reform the system of out-of-work disability benefits before its “consultation” process had finished on 17 February.

The government had claimed that it wanted to make the work capability assessment (WCA) less of an ordeal for claimants, with work and pensions secretary Damian Green telling last October’s Conservative party conference he wanted to support those disabled people who cannot work, and “sweep away unnecessary stress and bureaucracy which weighs them down”.

But slides from the presentation appear to show that his new regime will be even harsher, and that many employment and support allowance (ESA) claimants with the highest support needs and barriers to work will for the first time face having their benefits sanctioned if they do not co-operate with the regime.

The slides show DWP has already begun introducing a compulsory, face-to-face “health and work conversation” (HWC) with a jobcentre work coach that will apply to nearly all new claimants of ESA, weeks or even months before they go through the WCA process to decide whether they are not fit for work and eligible for the benefit.

Source: DWP presentation on ESA plans ‘confirms worst fears’ about green paper – Black Triangle Campaign