{"id":3463,"date":"2024-10-16T10:49:54","date_gmt":"2024-10-16T10:49:54","guid":{"rendered":"https:\/\/edinburghagainstpoverty.org.uk\/?p=3463"},"modified":"2024-10-16T10:49:54","modified_gmt":"2024-10-16T10:49:54","slug":"dwp-are-breaking-the-law","status":"publish","type":"post","link":"https:\/\/edinburghagainstpoverty.org.uk\/?p=3463","title":{"rendered":"DWP are breaking the law!"},"content":{"rendered":"\n

Edinburgh\u2019s High Riggs and Leith jobcentres are breaking benefits law! They are flouting \u201cTransitional protection\u201d provisions for disabled and sick claimants on Employment and Support Allowance.<\/strong><\/p>\n\n\n\n

All claimants are being transferred from \u201clegacy benefits\u201d like Employment and Support Allowance (ESA) to Universal Credit. By law ESA claimants keep their \u201cnot fit for work\u201d status and automatically receive disability-related payments in Universal Credit. But through our solidarity activity in accompanying claimants, ECAP has learnt that High Riggs jobcentre in Edinburgh have been illegally trying to force such claimants to obtain a \u201cFit Note\u201d from their GP and then go through a \u201cwork capability assessment\u201d. (The Work Capability Assessment decides whether a claimant is to be judged fit to seek employment or not.)<\/p>\n\n\n\n

Claimants report Leith and High Riggs jobcentres are both doing this – and it is very likely that jobcentres Britain-wide are denying ESA claimants\u2019 rights in this way. This potentially affects over a million claimants on ESA.<\/p>\n\n\n\n

A group of ECAP members and supporters visited High Riggs on 30 September. We delivered letters for both the local and District managers insisting on an assurance that the DWP will follow the law and that ESA claimants migrating to Universal Credit will keep their \u201cnot fit for work status\u201d and associated payments. Legally \u201ctransitional protection\u201d should ensure no-one is worse-off.<\/p>\n\n\n\n

We have yet to receive a reply to our letters \u2013 so we are now making plans to return in bigger numbers. We are going to insist on a meeting with the local DWP management to get their assurance they will stop this serious harrassment and denial of rights. Watch out for the date and do join us! We need to organise to resist the many attacks and injustices we face!<\/p>\n\n\n\n

What to do if you are affected<\/strong><\/p>\n\n\n\n

If you are on Employment and Support Allowance (ESA) then at some point you will receive a letter from the DWP stating you need to claim Universal Credit. If the DWP \/ Jobcentre say you have to get a \u201cfit note\u201d from your GP and then undergo a Work Capability Assessment they are wrong \u2013 don\u2019t agree to this. Contact ECAP or your local solidarity group for support.<\/p>\n\n\n\n

Show the Jobcentre the quote below from the government website<\/a> \u2013 the government write:<\/p>\n\n\n\n

\u201cIf you\u2019re moving from Employment and Support Allowance (ESA)<\/strong><\/em><\/p>\n\n\n\n

If you\u2019ve been receiving Employment and Support Allowance (ESA), you will not need to provide medical evidence such as fit notes, or have a Work Capability Assessment (WCA) if all the following apply:<\/em><\/p>\n\n\n\n

\u2022 you move from ESA to Universal Credit without a break<\/em><\/p>\n\n\n\n

\u2022 you\u2019ve already completed a WCA<\/em><\/p>\n\n\n\n

\u2022 you were in the \u2018support group\u2019 or \u2018work-related activity\u2019 group in ESA when you made your claim to Universal Credit<\/em><\/p>\n\n\n\n

You may need to have another assessment if your WCA is due for a review or your condition changes.\u201d<\/em><\/p>\n\n\n\n


Link for above quote – https:\/\/www.gov.uk\/guidance\/tax-credits-and-some-benefits-are-ending-move-to-universal-credit#if-youre-moving-from-employment-and-support-allowance-esa<\/a><\/p>\n\n\n\n

Stand up for your rights!<\/strong><\/p>\n\n\n\n

If this happens to you don\u2019t just accept it \u2013 we know of claimants in Edinburgh transfering from ESA to Universal Credit who have objected to the jobcentre denying their rights in this way \u2013 and the jobcentre have backed down and dropped the demands for a Fit Note and a Work Capability Assessment. And do contact ECAP via ecapmail@gmail.com<\/a> \u2013 we can support you plus it is important we know such injustice is taking place so we can organise resistance.<\/p>\n\n\n\n


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