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

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

Post by echidna on Fri May 26, 2017 2:16 pm

Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders
http://blacktrianglecampaign.org/2017/05/25/shock-as-universal-credit-rules-treat-sick-as-fit-for-all-work-related-activity-against-gps-explicit-orders/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+BlackTriangleCampaign+%28Black+Triangle+Campaign%29

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

Post by Caker on Fri May 26, 2017 4:55 pm

From echidna's link:-
DWP insisted this week that universal credit claimants with a fit note will only be forced to carry out “reasonable” work-related activity that is “tailored to the individual’s circumstances”, while work coaches will demand no work-related activity “if appropriate”.

What is 'reasonable work related activity' and how will JC staff be able to determine who is capable of doing it? Suspect Surely only a medically qualified individual would be able to make that sort of judgement about a patient's condition.
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Re: Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders

Post by Mary_FV on Fri May 26, 2017 7:53 pm

The assessment phase in UC is not too dissimilar to the JSA Extended Period of Sickness procedures, where JCP staff determine reasonable activity, which does no include work search.

People who are unwell are at the mercy of unqualified JC officials.   A request for a revocation is available but I doubt anyone will be informed of this right.    

Circumstances in which requirements must not be imposed

99.—(1) Where paragraph (3), (4), (5) or (6) applies—

(a)the Secretary of State must not impose a work search requirement on a claimant; and
(b)“able and willing immediately to take up work” under a work availability requirement means able and willing to take up paid work, or attend an interview, immediately once the circumstances set out in paragraph (3), (4), (5) or (6) no longer apply.
(2) A work search requirement previously applying to the claimant ceases to have effect from the date on which the circumstances set out in paragraph (3), (4), (5) or (6) begin to apply.


(3) This paragraph applies where—

(a)the claimant is attending a court or tribunal as a party to any proceedings or as a witness;
(b)the claimant is a prisoner;
(c)regulation 11(3) (temporary absence from Great Britain for treatment or convalescence) applies to the claimant;
(d)any of the following persons has died within the past 6 months—
(i)where the claimant was a member of a couple, the other member,
(ii)a child or qualifying young person for whom the claimant or, where the claimant is a member of a couple, the other member, was responsible, or
(iii)a child, where the claimant was the child’s parent;
(e)the claimant is, and has been for no more than 6 months, receiving and participating in a structured recovery-orientated course of alcohol or drug dependency treatment;
(f)the claimant is, and has been for no more than 3 months, a person for whom arrangements have been made by a protection provider under section 82 of the Serious Organised Crime and Police Act 2005(1); or
(g)the claimant is engaged in an activity of a kind approved by the Secretary of State as being in the nature of a public duty.
(4) This paragraph applies where the claimant —

(a)is unfit for work—
(i)for a period of no more than 14 consecutive days after the date that the evidence referred to in sub-paragraph (b) is provided, and
(ii)for no more than 2 such periods in any period of 12 months; and
(b)provides to the Secretary of State the following evidence—
(i)for the first 7 days when they are unfit for work, a declaration made by the claimant in such manner and form as the Secretary of State approves that the claimant is unfit for work, and
(ii)for any further days when they are unfit for work, if requested by the Secretary of State, a statement given by a doctor in accordance with the rules set out in Part 1 of Schedule 1 to the Medical Evidence Regulations which provides that the person is not fit for work.
(5) This paragraph applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with section 17(4) or 18(3) of the Act, because the claimant—

(a)is carrying out a work preparation requirement or voluntary work preparation (as defined in regulation 95(4));
(b)has temporary child care responsibilities or is dealing with a domestic emergency, funeral arrangements or other temporary circumstances; or
(c)is unfit for work for longer than the period of 14 days specified in paragraph (4)(a) or for more than 2 such periods in any period of 12 months and, where requested by the Secretary of State, provides the evidence mentioned in paragraph (4)(b)(ii).
(6) This paragraph applies where the claimant’s weekly earnings or, if the claimant is a member of a couple, the couple’s combined weekly earnings are at a level where the Secretary of State is satisfied that a work search requirement or work availability requirement should not be imposed at the present time.

(7) In this regulation “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992(2).

http://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/99


Last edited by Mary_FV on Fri May 26, 2017 8:13 pm; edited 2 times in total (Reason for editing : typo)
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Re: Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders

Post by Absolut on Sat May 27, 2017 9:24 am

It truly is disgusting and is disability discrimination that is right in your face.
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Re: Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders

Post by Mary_FV on Sun May 28, 2017 6:56 pm

It would be helpful if the GP advised in the Fit Note that their patient is not fit for any type of work (paid or unpaid work).

The Work Capability Assessment (WCA) is meant to determine a person's capability and not the JC official!
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Re: Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders

Post by Admin on Mon May 29, 2017 9:47 pm

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”. wrote:

http://www.disabilitynewsservice.com/activists-horrified-by-universal-credit-rules-forcing-sick-claimants-into-work-activity/
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Re: Shock as Universal Credit rules treat sick as ‘fit for all work-related activity’ – against GPs explicit orders

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