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Transitional Protection issue
Hi,
IS claimant (carer) migrated over the UC in June. UC claim date was 20th June. She has now been assessed as having LCWRA from 17th June (confirmed on UC journal), so pre-dating the UC claim date. No LCWRA element to be paid until October payment date due to waiting period. She has over £500 a month transitional protection and we are concerned that once LCWRA element is added this will be treated as a change in her UC and she will be worse off due to losing the carer element.
Can anyone confirm if this will be the case even though she was assessed as having LCWRA before the UC claim date. And if so, can she request that UC do not pay her LCWRA and that she remains on UC as a carer?
Thanks
Fflur
Why was there a WCA being undertaken whilst she was on IS as a carer? Did she have a claim/award of cESA or credits for LCW going on alongside?
I’m not sure. She had the LCW assessment before we became aware of the case. From the facts we have she was not getting CBESA or have an underlying credits claim but not 100% sure on the latter. I’m thinking she’s put down health conditions when making the UC claim which has triggered the assessment etc. Really not sure what to suggest she does next…
I think you need to get to the bottom of that really. It seems unlikely that she would have a WCA decision made by now if she only claimed on 20 June.
If she has an ESA award or is getting credits for LCW and has been assessed as LCWRA prior to claiming UC, then the LCWRA element would be payable immediately on claiming.
Your client might be able to tell you if she ever claimed or got ESA, otherwise it may be a case of making enquiries with ESA or doing a SAR.
On the issue of transitional protection erosion and the move from CE to LCWRAE - this is currently the subject of a UT appeal with a hearing on 30 October 2024 - so the advice is that when her award is ‘eroded’, she should request mandatory reconsideration of that decision in order to protect her position.
Any update on the hearing on 30th October?
Any update on the hearing on 30th October?
Not yet
Just to say we have a seminar coming up on this and similar issues with transitional protection erosion on 4th December (although we won’t have a judgment in this case by then I don’t think).
It is listed in the “Training and events” section on rightsnet:
Levelling down: erosion and loss of transitional protection in universal credit
Still some places left I am told.
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Martin “Shameless Plugger” Williams