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Mixed age couple and LCWRA element
Hi
I am working with a couple who were previously getting irESA with the LCW element in payment as assessed prior to 2017.
He is also getting er daily component of PIP. He turned pension age but was not notified that his ESA was stopping. They rang up DWP and found it that it had stopped and were advised to claim UC.
ESA stopped 10 Feb, UC claim made 15 Feb
UC are saying that they won’t get the LCWRA for the 3 month relevant period because of the 5 day gap in claims.
This looks like it is correct in terms of the regulations, but seems very unfair.
Is there any way to get the LCWRA element paid from the start of the UC claim?
Thanks
This is one of the circumstances in which backdating of the UC award is possible (see reg 26(3)(a) Claims and Payment Regs) so perhaps that would be your answer?
Note this issue of course: https://www.rightsnet.org.uk/forums/viewthread/15252
Thanks Elliot - that was my first thought too
And if that not successful then if the ESA termination letter wasn’t sent, financial redress for maladministration for the equivalent of 3 months LCWRA plus distress