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Removal of TP following reduction below AET while waiting for WCA and off work sick
Client moved from CTC and WTC to UC as part of managed migration. There was a substantial TP applied. For the last five months, her earnings have reduced due to sickness. Because her earnings have been below the AET for a single claimant for three months now, her TP has been removed. Is there no modification of this rule when the person is ill? She applied for LCW and has just had her WCA.
[ Edited: 2 Dec 2024 at 08:30 am by jace ]Hi Jace
As you’ve probably found, there is no modification in UC(TP) Reg 56 when the person is ill and it does not allow for any discretion. https://www.legislation.gov.uk/uksi/2014/1230/regulation/56
The client must have had earnings of at least the AET in the first assessment period.
If found to have LCWRA, the element after the 3 months relevant period might make up for it, as TE would have been reduced by the new element anyway.
If the transitional element was based on a higher amount of WTC, this may seem fair, as WTC would have stopped after 28 weeks on SSP.
But if the transitional element was based on higher amounts of CTC, particularly for disabled children, this does seem very unfair.
Mark