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welfare rights
Meet the conditions to avoid cuts

Receiving some benefits is conditional on carrying out certain above). This is similar to the work
activities, and not doing this can result in benefits being cut. preparation requirement, and involves
activities to improve the claimant’s
Charlie Callanan explains ‘conditionality’ and what is involved employment prospects, such as attending
training courses, skills assessments and
work placements.
critical feature of certain benefits It is important to note that the
for people of working age is conditionality detailed above does not
A “conditionality”. This concerns require claimants to apply for jobs or take
mandatory activities that some claimants up work as a condition of their claim.
must do to receive benefit. Failure However, claimants can be sanctioned
to meet conditions can lead to sanctions, and have their benefit reduced for failing
meaning that some of their benefit to take part in any mandatory activity.
is cut. UC claimants who do not fall into a
Universal credit (UC) and employment category of people with a restricted ability
and support allowance (ESA) are the two to take up employment, such as those
benefits that people with a learning Off to work: even if a claimant is in paid work, with limited capability for work or caring
disability are most likely to claim. They are they may be subject to conditionality if they responsibilities, are likely to have to meet
used to top up their earnings, to replace earn below a certain threshold all of the work-related equirements. They
earnings where they are not in work and will have to look for and be available for
to help with their rent. The conditionality identifying job opportunities, training, work, usually full-time employment of 35
regimes that apply in UC and ESA are rehabilitation or other activities that could hours a week. The rules are similar to
described below. help the claimant to become readier to those for receiving jobseeker’s allowance.
Note that if a claimant gets new-style take up employment.
ESA (which has replaced contributory ESA
for new claimants), they come under the Health ‘conversations’ “ The conditions for
UC system. Therefore, they will be subject There is an additional WFI called the work
to the UC conditionality that is most and health conversation, aimed at people claiming benefits have
appropriate to their circumstances. with long-term health conditions and become tougher, and the
If a claimant has “limited capability for disabilities. The Department for Work & penalties for not meeting
work-related activity”, they have no Pensions (DWP) describes this is as “a
work-related requirements, so they do not discussion between the claimant and their them can be harsh
have to meet any responsibilities while work coach to identify voluntary actions ”
claiming UC or ESA. the claimant can take to build their
In claims for UC, there are various other confidence and motivation”. However, some claimants do not have
circumstances in which a claimant will not It includes a discussion about the to meet the threshold of finding 35 hours
have to meet any conditionality. These claimant’s skills, abilities and goals, as well of work a week in certain circumstances,
include where a claimant receives the as the support available to help them including if they have physical or mental
carer’s element or is providing care for a move closer to work. This should take health problems or caring responsibilities.
severely disabled person for at least 35 place at around week four of a claim. Even if a UC claimant is in paid
hours a week, or if they are being paid a Although a claimant’s benefit may be employment, they may still be subject to
wage above their earnings threshold. This sanctioned if they fail to attend, any actions in-work conditionality. If their pay is
threshold is based on what the claimant agreed during the interview are voluntary. below their earnings threshold, they may
would earn if they worked for 35 hours a There is also the “work preparation have certain requirements imposed on
week at the national minimum wage requirement”, which involves the claimant them, such as to try to increase their work
(currently £287.35 per week if the preparing to move into work, taking on hours, find additional work or find a job
claimant is aged 25 years or over). additional work or finding better-paid with higher earnings.
work. Action to get ready for work could For many claimants, the conditions for
Interviews about future work include attending courses, preparing a CV claiming benefits have become tougher,
People who claim UC and have limited or taking part in the DWP’s Work and and the penalties imposed for failing to
capability for work (ie they are deemed Health Programme (www.gov.uk/work- meet such conditions can be harsh.
not fit for work for now but should look health-programme). Clients should try to ensure that any
towards working in the future) must take conditionality imposed on them is
part in work-focused interviews and Work-related activity appropriate to their circumstances, and
work preparation. Many people with learning disabilities that if they are sanctioned for failing to
Work-focused interviews (WFIs) are who are not in work are claiming old-style meet any requirements, they should seek
Christy Lawrance and their work coach to discuss plans and they will have to carry out work-related Charlie Callanan is an adviser and writer
ESA under the pre-UC system.
periodic interviews between the claimant
advice urgently n
If they have limited capability for work,
opportunities for returning to work, now
on welfare rights
activity, along with attending WFIs (see
or in the future. This may include
www.cl-initiatives.co.uk Community Living Vol 32 No 4 | Summer 2019 7