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UC, CB ESA SG and the payment of LCWRA - dispute with waiting period
Hi can anyone point me into the right regs for a client?
Client’s wife claimed CB ESA on 7/12/20
Treated as having limited capability for work related activity and placed in support group as 15/3/21
Also claiming ERM and ERM of PIP.
Client had to leave full time employment and claimed CA and UC top up to look after wife.
UC accepted their claim as of 25/4/21 and treated wife’s CB ESA as income. However, they insist that they will not be paid the LCWRA element until they have satisfied the 3 months waiting period which is sometime in August.
CPAG and Housing System suggests that the 3 month waiting period does not apply but I cant seem to find the regulations to support this. Closest I’ve got is https://www.legislation.gov.uk/uksi/2013/376/regulation/40
Any help greatly appreciated!
See Reg 28(5)(b)(i) here:
https://www.legislation.gov.uk/uksi/2013/376/regulation/28
Thanks for this. Can see it now!
Very depressing that such basic things are not dealt with properly.