Moving to CESA from UC: LCWRA automatically restored?  And other questions

Hi all

Sorry if this is the wrong discussion board for this question.

I know that if you have been assessed as having LCW/LCWRA under CESA then claim UC, you are automatically treated as having LCW/LCWRA in UC.

Is this possible the other way around?  Context; the client is profoundly deaf and claiming UC with LCWRA applied.  She also gets PIP.  Now moving in with a partner and their joint savings are in excess of the UC threshold so the UC claim will stop.

She has been working and has several years class 2 NIC paid, so would be looking to claim CESA,  but will she have to undergo the ordeal of a WCA again?

Another question; if/when the UC claim stops - if she were to reclaim later once the savings go under the threshold, would the LCWRA be automatically restored?  Or a WCA again?

EKS

1. If she claims ESA while still entitled to UC, she would be treated as having LCWRA for ESA, but not if she only claims ESA after her UC entitlement has ended.

2. There is nothing stopping a previous WCA being relied on for a new UC claim. For example, where a claimant reclaims within the 6 month reclaim period, the guidance explicitly says the previous LCWRA determination remains valid (unless there has been a change in the claimant’s health condition or the review date has passed).

Note however that in your client’s circumstances, she would have to wait for 3 months before the LCWRA element is again included in her UC. (Only in cases where the previous claim terminated due to earnings can the LCWRA element be included straight away in the reclaim, not when it terminated due to capital.)
Of course, if she has already started receiving the support component in her ESA claim then she anyway wouldn’t have to wait for it in her UC claim.

Hi Charles,

Has been a while - now having to rely on the rule outlined in 1. above in a case, don’t suppose you have the legislative reference?

EKS

Hi

For LCW it is Reg 16(1)(h) of the ESA Regs 2013: https://www.legislation.gov.uk/uksi/2013/379/regulation/16

For LCWRA it is Reg 31(1)(d): https://www.legislation.gov.uk/uksi/2013/379/regulation/31

Charles - you are incredible thank you !

I just thought I’d add this as I was involved with a client who closed his income based ESA claim and claimed UC. But he had waited 2 days to do this and the DWP insisted that he needed a new WCA. After a huge amount of fuss I managed to get the decision reversed. So it is important if one has a live IB ESA claim to claim UC before closure to ensure eligibility to the transitional protection.
https://askcpag.org.uk/content/200073/from-esa-to-uc
https://www.legislation.gov.uk/uksi/2014/1230/regulation/19?view=plain
https://www.legislation.gov.uk/uksi/2014/1230/regulation/20

Absolutely, thanks UB40.