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UC and LCWRA if not Transfered
Apologies if this has been covered before, but if someone has had their ESA stopped because they earned marginally over the Permitted Work Earnings and can now claim UC, would they be entitled to go in to the LCRWA group in the first assessment period?
I am aware that if they are transferred by the DWP, then they do, but not sure in this scenario.
Many thanks.
Claimants can’t be transferred to UC by DWP - this effect can only be achieved by the claimant claiming UC him/herself. But yes, where you are entitled to LCWRA in ESA on the day before claiming UC the LCWRA can effectively be ‘carried over’.
As to your question, I’m note sure, but on my reading 19(6) of the UC (TP) regs covers this situation. Essentially, the LCWRA won’t be carried over, but upon a further determination after a WCA that your claimant has LCWRA, it should be included from the beginning of the first assessment period.
Claimants can’t be transferred to UC by DWP - this effect can only be achieved by the claimant claiming UC him/herself. But yes, where you are entitled to LCWRA in ESA on the day before claiming UC the LCWRA can effectively be ‘carried over’.
As to your question, I’m note sure, but on my reading 19(6) of the UC (TP) regs covers this situation. Essentially, the LCWRA won’t be carried over, but upon a further determination after a WCA that your claimant has LCWRA, it should be included from the beginning of the first assessment period.
Thank you for that fast response Va 1 der. I was hoping that we may not have to have him re-assessed, but it looks like this is not an option.