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MAC UC and LCWRA swop?
I have a Mixed Age Couple on UC, older party is on AA since June 2023 and SRP. Becoming SMI so no likelihood of being treated as carer. Younger party is on ER both PIP, has LCWRA and is lead named on claims.
If they swopped LCWRA and the younger party became carer then there would be a reasonable monetary gain. So would the older party need a fit note? and would they have to wait 3 months for the LCWRA?
thanks
Hi Julie - they shouldn’t need a fit note as AA means they are treated as LCWRA - schedule 9, para 5 UC Regs 2013 - https://www.legislation.gov.uk/uksi/2013/376/schedule/9.
Under reg 28 the element isn’t paid for the first three assessment periods (the relevant period) but if they have already been on UC for at least 3 APs then I think there is an argument that that period has been served - you might have an argument about whether UC knew about his AA - was that disclosed at start of claim? Or you could maybe argue that DWP know about his AA.
I don’t have the practical experience to know how easy it is to make those arguments - others might have a better idea?
Hi Julie - they shouldn’t need a fit note as AA means they are treated as LCWRA - schedule 9, para 5 UC Regs 2013 - https://www.legislation.gov.uk/uksi/2013/376/schedule/9.
Under reg 28 the element isn’t paid for the first three assessment periods (the relevant period) but if they have already been on UC for at least 3 APs then I think there is an argument that that period has been served - you might have an argument about whether UC knew about his AA - was that disclosed at start of claim? Or you could maybe argue that DWP know about his AA.
I don’t have the practical experience to know how easy it is to make those arguments - others might have a better idea?
‘you might have an argument about whether UC knew about his AA - was that disclosed at start of claim? Or you could maybe argue that DWP know about his AA’.
Worth a look at the application stage https://www.rightsnet.org.uk/forums/viewthread/18767/#88846 and a SAR.
Thank you both. I shall take it back to the clients when I see them again. I suspect they will not want to do anything that might imperil the amount they currently receive, even for a better result in the end.
Thanks again
I went to se the above clients yesterday. They had also spoken to another agency and decided to tell UC they wanted to swap. I was slightly surprised that the elder party on AA got a UC50 but we have completed the basics and sent it back .