17. When a person claims UC, they sign the monthly claimant commitment (an agreement on what that person will do while claiming).
18. The claimant commitment that is signed at the beginning of a claim and then at frequent intervals says:
When you claim Universal Credit you will need to accept your claimant commitment.
Your claimant commitment will set out what you have agreed to do to prepare for and look for work, or to increase your earnings if you are already working. It will be based on your personal circumstances and will be reviewed and updated on an ongoing basis. Each time it is updated, you will need to accept a new claimant commitment to keep receiving Universal Credit.
The claimant commitment is your record of the responsibilities that you have accepted in return for receiving Universal Credit, and the consequences of not meeting them.
19. A claimant is then placed into one of four groups:
• No work-related requirements • Work focussed interview requirement only • Work preparation requirement and work focussed interview • All work-related requirements
20. There are subsets of these groups that provide different services depending on the needs of the individual claimant. The two that are pertinent to Mr B’s complaint are:
• Working enough – for those earning over a stipulated earnings threshold • Intensive work search – for those who are able to work but are either not working or are in work but earning below the earnings threshold. This will include attending frequent work search interviews and undertaking other work related activities.
21. When a claimant is in the ‘working enough’ group then there is no requirement for them to engage with their work coach. If the reported earnings fall below the threshold they will be moved out of that group and in Mr B’s case into the intensive work search group.
Ignored his journal entries relating to a job change
22. Mr B told us that when he changed jobs, he reported the details on the journal and explained that there would be gaps in his income due to him missing payroll closure dates at each company. He told us that despite doing this, DWP ignored the entries, and he continued to receive ‘harassing’ automatic reminders to attend interviews and search for work. He said this wasn’t the first time this had happened. He said that by failing to properly categorise his profile he had to endure these reminders and the stress and anguish they caused him leading to severe depression and suicidal thoughts.
23. We reviewed Mr B’s journal entries for the period April to May 2023. He explained in an entry in early April 2023 that he would be leaving his current job and starting a new job the following day. He went on to explain that there would be a period where he would be working ‘in advance’ so his income would be low until the end of May 2023 when he would start to receive a full salary.
24. He asked that his work coach acknowledge this journal entry ‘before your system starts sending messages to attend work search and UC telephone calls appointments because your system will record a low wage during the period of April/May 2023. Please ensure this time your system stops doing the same thing as it did in January 2023 due your automatic system error and avoid killing someone or suicide’.
25. The work coach responded and explained that he should update the journal on the day he started his new job and that the system would use the earnings reported by his employers as this was how it was set up.
26. The work coach went on to say, ‘If a message is generated asking you to attend an appointment, all you have to do is leave a message saying you're working and unable to attend. No one will be expecting you to attend an appointment if you are working.’
27. The journal shows Mr B reported the change of job on the day it happened.At the end of April 2023, the journal showed the JC offered Mr B optional support to improve his earnings or opportunities to change jobs. It asked him to reply if he was interested.
28. At the beginning of May 2023 there was a journal entry titled, ‘About reduced payments (sanctions)’ under which it said:
Your payment can be reduced if you don't keep a commitment. This is known as a sanction. The amount depends on what you failed to do and how often you've been sanctioned in the past year.
29. All claimants automatically receive this when they complete the claimant commitment. Mr B did this at the end of April 2023 which explains why he received this message.
30. In mid-May 2023, the journal shows an entry advertising a domestic cleaning job. It explained how he can show his interest and ends by saying:
‘If you are not interested in cleaning opportunities, then please ignore this message.’
31. He received another ‘About reduced payments (sanctions)’ journal entry at the end of May 2023 after completing his claimant commitment again.
32. These are the extent of the entries relating to the period we are considering.
33. It is evident from what Mr B said to DWP in his journal entries and subsequent complaints that he finds the UC automated system a trigger for distress and anxiety. This impact at times led Mr B to consider suicide and we are saddened to hear.
34. DWP told us it manages the demand on its service through automated messages via the journal, messages which, depending on the claimant’s category can be ignored by them. It explained that this allows for situations like that Mr B experienced where the system noted his earnings had reduced and offered support and an opportunity for a new job however these were choices and not mandatory and Mr B rightly did not respond to them as he already had a job.
35. Our Principles of Good Administration say:
Public bodies should provide services that are easily accessible to their customers.
Public bodies should aim to ensure that customers are clear about their entitlements; about what they can and cannot expect from the public body; and about their own responsibilities.
36. While we acknowledge that Mr B would like to see a UC system that is more fine-tuned to the individual, the messages he received are automated and there is no function to stop this. We note DWP told him he could ignore these messages if they did not apply to him, which we think would go some way to help put Mr B’s mind at ease. From what we have seen, we find DWP acted in line with our Principles. As such, we do not find that there was any maladministration in how DWP interacted with Mr B in this case.
Continued to send him attendance and interview requests when he was unwell
37. Mr B told us that he suffered hearing loss near the end of January 2024 and so submitted a fit note from his doctor to explain this. The fit note was from late January to late February 2024. He said that he then felt bullied and harassed by DWP when it sent him multiple journal requests, asking him to attend the JC for a discussion, and calling him on the phone. It also offered him sign language support which he viewed as another aggressive behaviour as his hearing loss was only a temporary matter, and he does not know sign language. He said he was told there was an option of a video appointment but again, because he could not hear, this would be ‘pointless and was just more harassment’.
38. When an ill health situation arises that is not a disability or health condition which prevents a claimant from working then the following applies according to the claimant commitment:
If you currently have a health condition or disability that means you have limited capability for work, but this is expected to change over time, you will be supported until your circumstances improve and you can work. You will be expected to prepare for work so far as you are able.
39. The UC Health conditions, and disability guide explains that ‘If you have already made a claim for Universal Credit, a new health condition or disability will need to be reported as a change of circumstances.’ Mr B did this in his UC journal when he explained he would be unable to attend an appointment at the JC due to his recent health condition. He asked not to receive any automated messages.
40. The work coach offered Mr B a sign language interpreter which Mr B thought was DWP being aggressive in its attempts to get him back to work. While we appreciate Mr B had a very difficult relationship with DWP, we do not consider that this offer was meant to cause additional distress. It is in line with DWP’s guidance which says:
Difficulty using the phone
If you have difficulty using the phone, you can use one of the following services instead.
Relay UK
Relay UK is a national service provided by BT that helps people with hearing and speech difficulties communicate with people over the phone. This can be used to contact all of our benefit and pension services.
Video Relay Service
Video Relay Service allows British Sign Language (BSL) users to communicate with DWP through a BSL interpreter. The service is available for all DWP benefits and services. Check benefit and service contact details to find out where it is available and how to use it.
41. We take a similar view on the offer of a video appointment though we can appreciate that after Mr B had explained he had hearing loss he likely felt he was not being listened to when this offer was made. We do not consider either offer shows DWP got something wrong.
42. The work coach referred Mr B for a Work Capability Assessment (WCA) that same day and added a letter explaining this to the journal. The WCA is used to find out how much your health condition or disability affects your ability to work. It assesses what you can do, as well as what you cannot do.
43. Mr B had been providing fit notes from early November 2023 to the expiry of the most recent which was late February 2024. The referral for a WCA is in line with the UC Health conditions and disability guide where it says:
‘In most circumstances, if you remain unable to work due to your health conditions for 4 weeks, you will be referred for a WCA on the 29th day of your claim’.
44. Mr B’s journal shows he did not attend his appointment, and it was noted he needed to explain why. Mr B responded the same day and said he had already explained in his journal and asked that DWP ‘stop scrutinising and harassing him. His work coach should have cancelled the appointment. He had provided a fit note already.’
45. In mid-February 2024, the journal was updated by DWP to say it had read and accepted his reasons for the non-attendance. Shortly after, Mr B wrote in his journal that he was going back to work in a few days and that his income would be low again as in previous occasions, but he did not want to get any more job offers or notifications from DWP. He said he did not ask for the WCA, UC did that without his consent and the letter they sent about it was threatening and unnecessary.
46. The same day, a Disability Employment Adviser at DWP entered a journal message saying:
My role is to support everybody with a health condition/disability. Because you are in receipt of Universal Credit you have an obligation to participate in all mandatory activities. We understand that you will be starting full time work soon. We will not be booking you any appointments for now.
47. Mr B replied to say he was very upset by how DWP had treated him and that it should not be forcing him to return to work or to take a WCA.
48. Mr B then went on to receive two further journal job offerings before he returned to work.
49. While we acknowledge that Mr B had existing health issues and the more recent hearing loss complicated his health even further, the WCA was part of the commitment that he signed when he claimed UC. While we can understand why he believed his fit notes and inability to hear should have been sufficient for DWP to excuse him from needing to interact with it, the guidance states that ‘The Work Capability Assessment is to help decide how much your health condition or disability limits your capability to work.’ It is up to DWP to make that decision on the basis of the information it would go on to gather from Mr B.
50. To receive UC, Mr B must abide by the claimant commitment and the rules associated with it. We understand that he would rather DWP leave him alone while he deals with his illness but that is not how the UC benefit is managed by DWP.
51. Our Principles of Good Administration say: Public bodies should treat people with sensitivity, bearing in mind their individual needs, and respond flexibly to the circumstances of the case.
52. We have seen that DWP made efforts to accommodate Mr B’s concerns about receiving messages by explaining he was free to ignore requests and explain he already had a job if those requests were offering him a job opportunity. It also made attempts to accommodate his decision not to attend the interview at the JC by offering alternative support. This is in line with our Principles, and we have not seen that DWP had done anything wrong.
53. We want to be clear we are not downplaying the impacts Mr B has described as a result of his interactions with DWP. It is clear he finds those interactions difficult and upsetting and we are sorry to hear that is the case.
54. We have considered the evidence and found that DWP has acted in line with its guidance and policies as well as our Principles. As a result, we will not take any further action on Mr B’s complaint to us.