Thanks guys for the advice so far I have an update. I phoned the UC helpline today (Friday) - my friend was with me. I set out the case to the UC person who answered. They agreed that it certainly sounded like no fit note was required, HOWEVER...my friend is on the "new style UC" which is pretty much all online and was a different helpline number. UC person gave me the number and transferred me. Half an hour waiting to be answered first time round, almost the same this time round... New UC person again was very nice. I quoted Reg 19 at them. They took all the details etc. They said that friend would likely need to have another WCA under UC, and I said that's fair enough, as he's had WCAs under ESA, so why can't they take the fact he's already on ESA as proof of LCW for UC?? They went to speak to a manager. When they came back they said that they'd looked into my friend's journal and claim and found that although ESA had been stopped on the day that the UC claim started, an important form that requests his ESA 'file' for a UC claim HAD NOT been sent by the JC , so UC phone person requested it for them. They said that at this stage it would be best if my friend obtained a fit note, as he needs to comply with the things set out in his journal. After around 90 mins on the phone, we hadn't 'won' the fit note issue, but I was glad that SOMETHING (that form) had been actioned and that things were a little more clear (for me, at least). My friend & I parted ways shortly after. I then received a message from him, that his journal had been updated. It was updated by the UC helpline person. The message from them on the journal said that [NAME REDACTED: his case manager = NOT his work coach] will be reviewing his case AND the issues, and will be contacting him [DATE REDACTED: date after the weekend] with information...!! I am tentatively holding my breath in the hope that the fit note issue is clarified...

Just an update - I wrote a note for him and on behalf of him, part of it said: "According to https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment - “If you move to Universal Credit from Employment and Support Allowance and have already been assessed as having limited capability for work you will not have to undertake the assessment again. If you were in the work related activity group you will be awarded the LCW element and if you were in the support group you will be awarded the LCWRA element.” This means that as [his name-redacted] has already been assessed as having LCW he shouldn’t be having supply a GP’s fit note, as these are only required at the assessment phase of a UC claim and therefore unnecessary for a UC claimant who is migrating from ESA.Please could you look into this, and if I am incorrect, please send links to the relevant legislation." His work coach has replied "it is a requirement under UC" to supply the fit note if his commitment to "intensive work seaches" is to change. She supplied no links. Thanks in advance to the experts I've been given THE legislation, http://www.legislation.gov.uk/uksi/2014/1230/pdfs/uksi_20141230_en.pdf REGULATION 19. He should be treated as though he's still in receipt of the previous ESA award. How to tell the work coach this diplomatically, I will have to leave until tomorrow. If anyone else has further advice, I will be keeping an eye on this thread - I do hope this predicament and added links so far will help someone else in the future (and I hope more that they won't need to!).

Just had another thought... As he's already on ESA, surely that by being awarded ESA the government has "approved" his entitlement? And therefore he shouldn't be having to get a fit note to prove he's too ill to work under UC?

Thanks for that - I can't see an official JC guidelines link there though

Hello all, The background to why I'm asking... My friend has just moved into a UC area. He was on ESA WRAG (mental health issues) and HB at his old place, single person claim. The move into UC area = change of circumstance means he's been forced to claim UC. At the Job Centre appt last week to prove his identity and get him onto the system, they said even though he's already on ESA, this UC claim has ended his ESA entitlement and that he needs to get a fit note to start the assessment process all over again. Problem is, having just moved into the area, he's only just applied for a GP so still waiting for the "10 days minimum" before he's fully registered and can get an appt. JC lady set the next appt to bring in fit note for the following week and to request a different appt on his "journal" if he couldn't get a fit note by then. As this was the case, he requested a different appt, JC advisor wrote back saying this was fine and gave a new appt for the week after next. Today he's received a phone call from her, saying that he needed to agree to this change in his journal and the things in his TO DO LIST, or he would be sanctioned?!?! In the TO DO LIST she's sent him a page of sanction info to agree to, about what would happen if doesn't stick to his committments, and it lists all stuff about looking for work, taking any paid work he can do, and being available for interviews etc. I don't believe he should be agreeing to this. I've told him not to do anything until I've read the UC rules that the JC staff have to stick to. So please, could someone point me to the Universal Credit rules for JC workers please? And if anyone has advice regarding anything I've written above, please do let me know. Thanks in advance.

Hello everyone, Recently claimed PIP and was awarded standard daily rate with no enhancements. I was thereafter informed that I should tell the Tax Credit office to check if I was claiming the correct amount now that I am getting PIP, so I did. The lady on the phone just took the details of the date the award started and told me I would hear within a few weeks. So I had a quick google to see if I could find anyone else's experience of claiming the extra element, and came across the rules for claiming it: http://webarchive.nationalarchives.gov.uk/20140109143644/http://www.hmrc.gov.uk/taxcredits/tc956.pdf So it all seems pretty straightforward, but my query is regarding "Condition 2". The list of descriptions where "at least one" must apply is clear, BUT how does the Tax Credit assessor/reviewer know which one(s) apply to me? I guess they'll look at the report from the PIP "consultation", but out of the 8 descriptors, only half were actually tested (and two others would have been "informally observed" I'm guessing), and the other two weren't tested at all. I certainly couldn't do two of the ones tested on the day, and I cannot do one of the ones NOT tested. I have no idea what the report actually says (still waiting, I wanted a copy for my records) but how can Tax Credits make a decision on Condition 2 if they don't have all the info? (either because the PIP consultant didn't include it, or she mistyped, or she made an error, or I just wasn't tested for that.) Or am I overthinking this, and they will award the element anyway because of the PIP award? Thanks

Just thought I'd pop back to say thanks for the help. Nothing happened in the end. Eurostar said the tickets can be transferred for travel within 60 days, sadly my daughter's last bit of leave was used up on the Paris weekend that never happened, she can't take any more leave until February 2016 now, so there's no point in attempting to transfer the tickets to another date anyway. Thanks for trying anyway

Done / sent

Will do, thanks DONE

60 days. Thanks

Hello all - just wondered if there's anything we can do? My daughter was due to travel to Paris today (should have been yesterday, thankfully she had to change it for today!) by Eurostar, and then there was the terror attack last night which was literally within the area she would have been staying and holidaying in. Now, French authorities are telling everyone to stay indoors, Disneyland and all other public places, attractions and many shops etc are closed, and the area is pretty much cordoned off, despite all this Eurostar will not issue a refund, they are only willing to change the ticket for a different date. My daughter does not want to visit Paris at a different date, neither does she have any annual leave left to be able to book anything even if she did want to try to go back. It was 2 tickets, at the combined cost of £210. Is there any way she can get a refund - even a partial one - of this? Thanks

Thanks guys - I thought as much but wanted to get it clarified before I gave any info to the person concerned.

I've had a "compliance" letter regarding tax credits, and my daughter has had a "compliance" meeting at the job centre regarding income support. All they want to do is check that nothing has changed since you claimed (married/divorced/had another baby/moved house/etc) and that you're getting the benefit(s) you're entitled to. It's NOT an assessment or medical, and it's NOT designed to move you from one benefit to another. They just want to make sure their records are correct.

They wouldn't pay my daughter's fares either, even though they told her she HAD to attend. They also wouldn't pay for after-school care for her son, they said they don't pay for that, meaning every day she would miss half the session because she'd have to leave at 2!

If someone is on ESA (Income related) and Housing Benefit/Council Tax Payment, how much can they inherit before having to inform the various departments? What sum will start to affect ESA and HB levels? And what sum will completely cut all benefits off? Thanks

Now that you've changed the link again, yes, that one refers to ex-hub. He ended up being on WP with Seetec for 2 years. Final appointment was end of last year.

Oh yes indeed, he's/I'm fully aware of this. He is taking small steps, but at least JCP cannot say he's not done anything, he has actually done everything - except sign up for UJM - that they've asked, and he's only been back under JCP's umbrella for a week (next appointment in a few days). Mandatory shelf stacking would lead him to another breakdown. Of this I am certain. "Heavily encouraged" volunteering in a chosen placement - although not ideal - is the lesser of 2 evils. If he's asked to leave a voluntary placement for taking too much time having an anxiety attack in the staff toilets, at least it's not a paid job he's being fired from. (And I'm not being sarcastic or flippant there.)

THANK YOU. This is most helpful. As an aside, he's not resisting help and there's a couple of avenues which have been suggested/offered that may be of use, but right now he's quite a way from 'mandatory job searches' with his health, so until it becomes compulsary to sign up with UJM OR he feels ready to take that step, I don't want him to feel bullied into something that isn't necessary at this moment in time. He has taken tentative steps into looking for a voluntary placement, and is waiting to hear back from a few places.

UPDATE - AWARD GIVEN! I submitted all the relevant papers for an appeal, and within 2 weeks they had done a second reconsideration and found in his favour. Thanks everyone for your help

Yes - she's not forcing him to actually look for paid work (yet!) but she said he MUST sign up with UJM and give them permission to access his record and allow them to send him appropriate jobs. Also he's been told to apply for voluntary work, get a GMail account, write a CV and cover letter (again!) and write an action plan. What with all that AND receiving this year's ESA50 form, his anxiety is through the roof.

Yes I'm positive - I sort out and see all his paperwork (and help him keep on top of it) and attend appointments with him. He was with Seetec for 2 years, he saw the ESA advisor there once a month (nothing else, just a review every month), and now that the 2 years "mandatory WP" has been completed, he's been handed back to the JC. EDITED - just noticed that you've linked your post to a previous one of mine, which has nothing to do with this person, but you've already been told that I post on behalf of more than one benefit claimant (and a mod has said there's nothing wrong with doing this) so I won't tell you again, thanks.

Hi all, Quick background - ex-husband is on ESA (WRAG), he's just completed 2 years of work programme so is now back with the Job Centre. Job Centre ESA advisor has told him he MUST join Universal Job Match and MUST tick the boxes to allow them permission to see his record and send him suitable jobs. As he's on ESA, is it the law that he MUST join UJM and grant the permissions requested? Thanks all

I thought so - but then what was the point of me asking for it? It just summerises exactly what they said in the refusal and reconsideration.

Final 2 attatchments...

UPDATE: Statement of reasons and copy of GP report received, needless to say I don't agree with the statement of reasons as it completely contradicts all the stuff I sent in! I have attached all the relevant parts of the documents they sent back to my father, obviously with sensitive info blanked out. I think I know how to reply to this for an Appeal with reasons of why they are wrong (and am going to include photos of the small, dirty room that he has to spend 99.9% of his time in), but would appreciate any advice and help anyone can offer. I can't fit all the attatchments in this one post, so please see the next one below. Thanks so much for reading.