Carer Element v LCWRA Element

Strange one and hope I have read UC reply wrong.

Client FT Carer for disabled son so had a Carer Element in her UC amount for years, 12 months ago started putting a fit note into journal and only 4 weeks ago was found to have LCWRA so should get an extra £343 added and backdated for 9 months simple enough.

UC are saying only one Element can be added at a time Carer or LCWRA (Correct) and as she has already had the Carer Element for the past 9 months and still has the Carer Element they cannot add the LCWRA element so no arrears due for the past 9 months and they seem to be refusing to add the higher LCWRA ongoing as well.

Does this sound or look right.

Will she have to cancel one to get the ongoing higher one?

I was hoping they would simply calculating the LCWRA arrears due for the 9 months take away the Carer Element already paid and pay this amount as arrears and then add the LCWRA before the next monthly payment is due but after reading the reply she has had from UC when she asked about it I am not so sure this will happen.

Can you ask for a mandatory reconsideration of each award notice since the LCWRA element was awarded and, applying regulation 29(4) - https://www.legislation.gov.uk/uksi/2013/376/regulation/29 - the LCWRA element should be applied instead of the carer element?

Grounds for late MR being didn’t know about LCWRA till now

And then appeal if MR unsuccessful?

And same argument going forward too

bigbill - 15 March 2022 04:04 PM

I was hoping they would simply calculating the LCWRA arrears due for the 9 months take away the Carer Element already paid and pay this amount as arrears and then add the LCWRA before the next monthly payment is due but after reading the reply she has had from UC when she asked about it I am not so sure this will happen.

That’s what I would expect them to do. You don’t have to withdraw the carer to get the LCWRA paid. You still meet the conditions for the carer element but are prevented from being paid it due to receiving the LCWRA element. They can qualify for both but only LCWRA is paid (unless they have a partner already getting LCWRA).

F6034 Where a claimant would qualify for
1. the carer element and
2. the LCWRA element
only one of those elements may be included in the award

They should recalculate all of the relevant monthly entitlements to include LCWRA instead of carer element. Then work out the difference between what has been paid and pay it. This may not be as imply as the difference between the two elements if claimant has earnings and was not previously getting a Work Allowance.

Thanks to both.

She is single not working now or in the past.

I have asked her to wait 2 weeks as this is when her monthly payment is due, she has checked her Journal and it is still showing Carer Element but still time for UC to sort it before next payment, if not MR & Appeal.

Will update later on outcome.

UC being an ‘automated system’ one would think it would happen like this: DM makes decision to award LCWRA -> enters into the system when the award applies from -> system automatically recalculates those APs and spits out a backdated payment.

Assuming it proceeds in some similar fashion to that, isn’t the issue here that the person responsible for updating the system has taken it upon himself to not update the system according to his instructions?
It’s not as if anyone sits around doing manual calculations for LCWRA awards, is it?

If that’s the case (and making a fair few assumptions), then contact the local partnership manager and telling them one of their staff is misbehaving might be more effective? (still starting the MR process as a backup etc)

I would agree with Va1der - start the MR process asap so that someone else hopefully with more sense looks at it.