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When an assessment may be carried out - Reg 41 UC regs 2013
The calculation of the threshold is 16 x NMW converted to a monthly amount by multiplying by 52 and dividing by 12. Currently that threshold is £722.45 a month.
So question is if client is earning below that threshold and on day 29 referred for a WCA. Then while waiting for the assessment having been referred for the WCA. At some point earns above the threshold are they then excluded from the WCA i.e. taken out of the queue?
The calculation of the threshold is 16 x NMW converted to a monthly amount by multiplying by 52 and dividing by 12. Currently that threshold is £722.45 a month.
So question is if client is earning below that threshold and on day 29 referred for a WCA. Then while waiting for the assessment having been referred for the WCA. At some point earns above the threshold are they then excluded from the WCA i.e. taken out of the queue?
Ok I will take that as a yes i.e. discontinuing of the WCA.
This guidance could suggest they will keep the claim open until the WCA outcome is known (perhaps in case UC reg 28(7) should be applied?)
It includes:
Claimants on the health journey at any point from day 1 to the date of the determination of the WCA outcome must not have their claim closed when entitlement is nil due to income, earnings or both. On these cases, the following entry will be created in claimant history ‘Award is Nil due to earnings but a WCA decision has not been input’.
and under ‘Nil award due to earnings’:
IMPORTANT - for anyone on the health journey, who has yet to have their WCA or waiting the decision from that WCA, must not have their claim closed.
Thanks Jon!!!
It was explained to me once by a CM that the IT is set to automatically close the claim after 6 nil payments irrespective of what the guidance says. This may have changed, it was a year or two ago.
Extract here from UC24GEN Claim Closure
When a claim has 6 consecutive periods of nil award
due to earnings, the Consider closing claim to-dos will
not be generated in most cases and the claim closure is
automated.
Certain exclusions apply, including:
outstanding verification
some reconsiderations
ongoing work capability assessments without
decision
Perhaps I am misunderstanding, but to me it seems that all previous comments are missing the issue here.
The OP is referring to a situation where the claimant begins earning over the ‘relevant threshold’ before the assessment has been carried out. Not a situation where the claim has been nilled entirely.
The calculation of the threshold is 16 x NMW converted to a monthly amount by multiplying by 52 and dividing by 12. Currently that threshold is £722.45 a month.
So question is if client is earning below that threshold and on day 29 referred for a WCA. Then while waiting for the assessment having been referred for the WCA. At some point earns above the threshold are they then excluded from the WCA i.e. taken out of the queue?
Hi Andy, if they have earnings above the threshold, and don’t have PIP, then I think there is a risk of them being taken out of the queue for the WCA / their referral for WCA being cancelled or withdrawn. I think if this happens, they would need to be re-referred and then if eventually found to have LCWRA, an argument could be had about when the relevant period starts.
posted at same time as Charles
The calculation of the threshold is 16 x NMW converted to a monthly amount by multiplying by 52 and dividing by 12. Currently that threshold is £722.45 a month.
So question is if client is earning below that threshold and on day 29 referred for a WCA. Then while waiting for the assessment having been referred for the WCA. At some point earns above the threshold are they then excluded from the WCA i.e. taken out of the queue?
Hi Andy, if they have earnings above the threshold, and don’t have PIP, then I think there is a risk of them being taken out of the queue for the WCA / their referral for WCA being cancelled or withdrawn. I think if this happens, they would need to be re-referred and then if eventually found to have LCWRA, an argument could be had about when the relevant period starts.
Thanks Sarah that’s my concern too - looked at Sweet and Maxwell 2023/24 and the https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1166300/admg1.pdf