From today, conditionality is reintroduced for UC claimants, and for new claimants who lost their jobs because of Covid 19, it means accepting a Claimant Commitment. It sets out what you have agreed with your DWP work coach in terms of work availability and job search. The Claimant Commitment should be personalised and reflect any limitation due to illness or disability. The following template is here to help you to do just that, in asking DWP to take these limitations into consideration, and in highlighting the health risks of being mandated to undertake inappropriate activities.
Many thanks to Nick Dilworth @Mylegalforum for drafting this template letter
TEMPLATE – UC CONDITIONALITY
The Claimant Commitment is a two – way process, I agree to comply with the conditions imposed upon me, but in doing so I draw your attention to the following:
Due to my physical/mental health problems, I consider myself to be at substantial risk if inappropriately subjected to work or work – related activity. As such, I consider it appropriate to draw your attention to this and to point out that you should exercise a duty of care when applying conditions to my claimant commitment which may have serious and adverse effects upon my health.
[Provide brief details of health condition and explain why a risk exists]
Example: I suffer from chronic anxiety, depression and anxiety. This is made much worse by the pressure of having to mix with people I do not know or in attending places I am not familiar with. It can be so serious that it causes me to have suicidal thoughts or to self – harm. I say this puts me at substantial risk in any work or related activity situation.
Before deciding on the commitment conditions, I remind you that you can always ask a decision – maker to seek further medical evidence from my doctor and I provide my consent for you to do so.
Please understand that I am willing and able to do anything reasonably required of me in meeting my commitments for the purpose of receiving Universal Credit. However, where a risk exists to my health, I consider it reasonable to ask you to carefully consider your duty towards me as a claimant. I also believe it appropriate to ask that any prospective employer or work training/preparation provider who you may put me in contact with is similarly made aware of such risks to my health.
This should not be construed as a refusal to comply with the conditions of receiving my benefit, it is merely a reminder of a risk to my health and to remind you of your duty towards me as a claimant.
what exactly are the legal duties upon a job centre or DWP in regard to claimants as they seem very vague to completely disregarding this ?
Top letter. DWP etc should take note if receiving such a letter.
Excellent template, well done and thank you to Nick for drafting.