UC, prison and LCWRA

Have a client who has multiple short prison sentences, with short periods in the community in between. He gets UC including housing costs and is never expected to be in prison more than 6 months so the HCE continues.

He had a UC50 completed in September 2020 but has not had any sort of assessment to date.

If we get him onto the LCWRA element (he should meet the conditions), what is the effect of the prison sentences on that? I know UC stops other than the HCE but how does it work when he is released? Does he get it all reinstated including a LCWRA element?

Hi Rosie.
Did you ever get an answer to this scenario? Please let me know.

Wolfie - 10 February 2022 01:11 PM

Hi Rosie.
Did you ever get an answer to this scenario? Please let me know.

Nope. Client is still on basic UC, still getting short sentences and the appointee is still submitting fit notes, but there have been some gaps partly due to the sentences but also because he was sacked by his GP practice who had to be persuaded to take him back. Trying to get an urgent referral for an assessment following the most recent fit note.

I believe that once assessed the LCWRA status itself would not be affected by the prison sentences, I know I spent ages looking at the regs and couldn’t find anything to suggest that it would be.

I thought I’d give this subject another airing to see if anyone has any thoughts on this.

I’m trying to figure out whether a single UC claimant can keep the LCWRA element (which they had before going to prison) when they are released from prison.

I’m aware that this isn’t usually a possible because the UC claim is ended when going to prison and a new claim is required on release, with a new WCA.

My question is:  If this claimant’s UC remains open while they are prison but only to pay the housing costs element (because they are in prison for less than 6 months) then is a new WCA required when they are released, or would they keep the LCWRA (or LCW) that they had before going to prison?

Thanks!

I’m beginning to think this might be another situation that wasn’t fully taken into account when UC legislation was drafted.

There is an example in ADM Chapter E3, at para 3041:
“John is entitled to UC of £564.67 for an assessment period that runs from the 10th
of each month, the award is comprised of £314.67 for the standard allowance and
£250 for the housing cost element. On 1.4.14 John is sentenced to 10 months in
prison. John’s UC award is reduced to £250 from 10.3.14 (the first day of the
assessment period in which the change occurred) for the duration of his detention.
Note; under current detention guidelines, for a sentence of 10 months, a person will
not expect their actual term in custody to extend beyond 6 months.”

“for the duration of his detention” could suggest that the award is restored to its previous amount on release, including all the elements previously payable.

I think you’re right, Rosie.  I wonder what happens in practice.  Do you think that the DWP are restoring LCW or LCWRA on release from prison, or do you think they are expecting a new WCA?  Maybe this isn’t an issue, or maybe it is an issue but has never been challenged?

I don’t know because we’ve not yet got the client through the WCA. It’s a cert that he will have further periods on remand and probably more short sentences so hopefully we will find out at some point. Thing with UC is that they just do stuff that we think is incorrect, insist it is correct when we point this out to them and then recover an overpayment further down the line when they’ve finally understood that they were wrong so I have little confidence they will get it right in any case. I’ll probably have retired by the time we have an answer to this one..

Yes, that’s the problem - I agree.

Maybe it’s just one of those things that only gets resolved for those who are lucky enough to get advice/advocacy.