Income Support Migration to UC query

I have had some slightly conflicting advice from the UC migration helpline for one of my clients.  My client receives Income Support and Housing Benefit and has been sent his migration notice for UC.  He cares and receives carers allowance for his adult son but also has some health issues himself which would mean he would struggle to work.  In discussion with him to determine what documentation he needs to bring in with him to make the claim I initially told him he would not need a fit note as I automatically thought he would be put into Group 1 - No work related requirements due to him caring for his son but in a conversation with someone from the UC Migration helpline about something else I was told he would need a fit note as well??

If your client is a carer and is eligible for the Carers Element of UC, then they will be in the no work related requirements group for that reason regardless of any fit notes.

However, it may still be in your client’s interests to put in fit notes and start on the UC “Health Journey” because there is a possibility that this will result in him being found to have Limited Capability for Work-Related Activity (LCWRA).

If your client is found to have LCWRA, then this will mean that he receives the applicable element instead of his Carers Element, which may leave him better off as the LCWRA element is higher.

Thanks very much Elliot hadn’t considered the potential LCWRA amount

May need to be cautious about LCWRA if the client is likely to get a transitional element (as if the LCWRA element is added after the first assessment period it will erode the transitional element).

However, if he is a carer on IS with no disability benefits of his own then you probably don’t need to worry about this (as there’s unlikely to be a transitional element unless there’s anything else going on making his legacy awards higher than UC would be).

I’ve also come across UC claimants who were directed to submit fitnotes despite being carers. Work coaches say claimants must undertake the health journey because they’ve reported a health condition and ‘we need to dot the Is and cross the Ts’. They’ve not been so forthcoming about what happens for carers if they opt not to complete the health journey - hence the need for advice.

Agree that it’s always a good idea to consider whether it’s worth the stress and inconvenience for each claimant, particularly where transitional protection applicable.