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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

client with LCFW on esa. earns over permitted work limits.  can they move to uc and retain their LCFW status

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Total Posts: 869

Joined: 22 August 2013

sorry for being lazy here but i know chances are this will have been checked by someone already.

client on ESA and in wrag following tribunal. has a job to start but hours and earnings unknown and likely to fluctuate a fair bit.

now in a full service area.

now i know that if uc is better he can transfer LCFW from ESA to uc and have a earnings allowance and component but my question is what happens if he doesnt move to uc and has a week he goes over the permitted work earnings limit.  have they basically ended their LCFW status in that case?

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Total Posts: 445

Joined: 18 October 2013

I had a client who went over the permitted work limits for several weeks and was only counted as not having LCW (and therefore not entitled to ESA) on those weeks. ESA was removed for the weeks in question but the claim continued as normal. Not sure if that’s the correct procedure or not but that’s what happened.