DWP are breaking the law!

Edinburgh’s High Riggs and Leith jobcentres are breaking benefits law! They are flouting “Transitional protection” provisions for disabled and sick claimants on Employment and Support Allowance.

All claimants are being transferred from “legacy benefits” like Employment and Support Allowance (ESA) to Universal Credit. By law ESA claimants keep their “not fit for work” 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 “Fit Note” from their GP and then go through a “work capability assessment”. (The Work Capability Assessment decides whether a claimant is to be judged fit to seek employment or not.)

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

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 “not fit for work status” and associated payments. Legally “transitional protection” should ensure no-one is worse-off.

We have yet to receive a reply to our letters – 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!

What to do if you are affected

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 “fit note” from your GP and then undergo a Work Capability Assessment they are wrong – don’t agree to this. Contact ECAP or your local solidarity group for support.

Show the Jobcentre the quote below from the government website – the government write:

“If you’re moving from Employment and Support Allowance (ESA)

If you’ve 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:

• you move from ESA to Universal Credit without a break

• you’ve already completed a WCA

• you were in the ‘support group’ or ‘work-related activity’ group in ESA when you made your claim to Universal Credit

You may need to have another assessment if your WCA is due for a review or your condition changes.”

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

Stand up for your rights!

If this happens to you don’t just accept it – we know of claimants in Edinburgh transferring from ESA to Universal Credit who have objected to the jobcentre denying their rights in this way – and the jobcentre have backed down and dropped the demands for a Fit Note and a Work Capability Assessment. And do contact ECAP via [email protected] – we can support you plus it is important we know such injustice is taking place so we can organise resistance.

For more go here: https://edinburghagainstpoverty.org.uk/