If you are being migrated from ESA to UC you DO NOT have to provide a ‘fit note.’ For more advice on what to do in this situation see [link to website].
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ESA TO UC MANAGED MIGRATION AND FIT NOTES
THE ISSUE
Many ESA claimants who are being moved onto Universal Credit under ‘managed migration’ are being asked to provide a new ‘fit note’ (med 3 certificate).
This is NOT correct.
YOUR RIGHTS
Regulation 19 of the Universal Credit Transitional Provisions Regulations 2014 states that ESA claimants in the Work Related Activity Group (WRAG) or support group, are to be given the same treatment under UC.
This means there is no need for a fit note. A fit note is only required if you are in the initial ‘assessment stage’ of making either an ESA claim or UC claim on the basis of ill health.
WHAT TO DO
To assert your rights in this situation, we recommend you post the following text in your UC journal for the attention of a Work coach:
‘I do not need to provide a fit note as I have already been assessed as having Limited Capability for Work/Limited Capability for Work and Work-related Activity, (delete as appropriate).
Regulation 19 of the Universal Credit Transitional Provisions Regulations 2014 applies. It states that my LCW/RA status under ESA should transfer to the Universal Credit claim without the need for a new Work Capability Assessment and the LCW/RA element should be paid from the first UC payment.
Instead of supplying a fit note, the Universal Credit Service Centre should use a MGP1 process to action the LCW/RA element in my UC claim.’