New 2021 UC50 Work Capability Assessment form, that lets you easily stop the DWP telling your GP to stop issuing ‘Fit-Notes’

Today January 18th 2021 the DWP published it’s new UC50 Work Capability Assessment (WCA) form, it now requires claimant consent before the DWP can inform their GP or any other Doctor of the outcome of a WCA ‘fit-for-work or limited capability for work’ (FFW/LCW) decision and telling them to stop issuing ‘Fit-Notes‘ (statements of fitness for work, formerly ‘sick notes’), via the infamous DWP UCD90 or UCD210 letter., an extract of which is shown below: [see footnote]

Dear GP/Dr,
“Following your patient’s Work Capability Assessment
…you no longer need to provide fit notes for their
Universal Credit claim”
[original emphasis]
DWP UCD90 or UCD210 letter

Not consenting for the DWP to send the UCD90 or UCD210 letter, can mean a GP or Dr will not be instructed to stop issuing ‘Fit-Notes’, thereby making it easier to appeal against any WCA FFW/LCW decision. The High Court has also ruled that for similar ESA WCA decisions, payments should continue pending an appeal direct to a Social Security Tribunal.

[ How to win an appeal about your Work Capability Assessment ]

Having ‘Fit-Notes’ continue to be issued and shared with the DWP and it’s Work ‘Coaches’, can also help ensure likes of a UC Claimant Commitment takes account of personal circumstances and they and any potential employer, job application processor or training provider, can be provided with this evidence to make ‘reasonable adjustments‘ as required, especially if needed in the event of dispute or complaint.

Advice and guidance

If you are unsure what these changes mean and you are an existing or prospective ESA or UC benefit claimant, visit: https://www.adviceuk.org.uk/looking-for-advice/find-advice/ for local advice and support.

UC50 form extract (page 22)

Consent to notify your GP of the outcome of the Work Capability Assessment

DWP would like to share its decision based on the
result of your Work Capability Assessment (WCA) with
your doctor, or any doctor treating you. This will help
the doctor, as it will tell them when they no longer
need to provide you with Statements of Fitness for
Work

I agree to my doctor, or any other doctor treating
me, being informed about the result of my Work
Capability Assessment.

No
Yes”

Withdraw consent later on

The new UC50 form also explains that claimants can also phone 0800 3285644 to stop the DWP sending the ‘Stop issuing Fit-Notes’ UCD90 or UCD210 letter(s) (withdraw consent) if they had previously agreed for their GP or any other Doctor to be told of a WCA ‘fit-for-work or limited capability for work’ decision. But this is best done before the WCA medical assessment has taken place.

This follows on from the same changes being made for the ESA1 claim form and the ESA WCA form.

These changes had been required by the 2018 Data Protection Act and the GDPR and only completed after FOI requests and numerous complaints to the Information Commissioner.

Have not been able to find any evidence of BMA or RCGP requesting the DWP to implement these basic patient confidentiality or GDPR/Data Protection obligations, which have been legally required for nearly 3 years.

Z2K did run a ‘scrap the letters‘ campaign and hopefully these ESA and UC form changes go some way to get rid of the harmful UCD90, UCD210 and ESA65B letters, though to date no MP has ever supported the letter or any equivalent being abolished.

Background

Tories remove disability and health data consent rights on first day as new Gov
[23,093 page views of above this post on 17/12/19]

Doctors say DWP is lying about ‘Fit-Notes’, ESA appeals and the infamous #ESA65B letter

YOU can prevent the DWP interfering in the patient/doctor’s relationship

Netherley dad James Harrison DIES 10 months after DWP tell his GP not to write any more sick notes‘ (29 DEC 2016)  > Video: James Harrison’s furious daughter Abbie says Job Centre bosses interfered in the doctor-patient relationship 

DWP letter to GPs following ESA refusal (19 November 2010) http://www.rightsnet.org.uk/forums/viewthread/709/

DWP benefits advice for GPs puts health of vulnerable people at risk, doctors say
https://inews.co.uk/news/dwp-benefits-advice-gps-vulnerable-people-health-doctors-285444

Revised benefits letter still ‘misleading’ GPs about issuing fit notes
https://www.pulsetoday.co.uk/news/uncategorised/revised-benefits-letter-still-misleading-gps-about-issuing-fit-notes/

Patients risk homelessness after DWP sends GPs misleading benefits letters
https://www.pulsetoday.co.uk/news/regulation/patients-risk-homelessness-after-dwp-sends-gps-misleading-benefits-letters/

Footnote

Correction: Originally referred to the infamous ESA65B letter, but this concerns ESA only, though the DWP UCD90 or UCD210 letters are equivalent.

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