Reply To: Universal Credit and HB/CTB Consequential Provisions Regulations




We raised this with the DWP and received the following response:


Universal Credit is an in and out of work benefit, and claimants who submit a certificate from their GP or consultant advising that they are unfit for work retain full work conditionality until such time that a Work Capability Assessment confirms if they have capability for work. This is therefore a completely different approach than existed with Employment and Support Allowance, where a claimant had no work conditionality during their initial assessment period.


As UC claimants who wait for a Work Capability Assessment are not treated as incapable of work and retain full work conditionality, the Secretary of State is therefore not making a decision that they are vulnerable until such time that the Work Capability Assessment identifies that there is limited capability for work.


Once limited capability of work is established, indicators exist in the UC record on CIS to confirm this, so Local Authorities will be able to identify such cases.


From what I understand, you will only be allowed to treat someone as incapable from the work capability assessment decision and therefore, we are all going to take a hit on subsidy as WCAs take about 3 months.


Hope that helps!