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carer element , joint claim, both lcwra
I have a client in a joint claim for UC, he and his partner get lcwra, UC has told him he cant get the carer element for his partner as he gets teh lcwra, I have found the uC regs , copied below, it seem UC may be wrong and my client can get the carer element added to the joint UC award, is that right ???
4) Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), only the LCWRA element may be included in respect of the claimant.]
There’s nothing to stop UC awarding one half LCWRAE and the other half the CE other than DWP’s lack of understanding of their own rules. I’ve seen them refuse to do so on several occasions and always managed to sort it out relatively painlessly