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Transistional Protection
We have a client who is in hospital, for more than 52 weeks.
He is in receipt of CESA only, and the support group component has been suspended.
He needs to claim UC, has a partner - the question is about Reg 19 and the LCWRA being payable with UC from day one
Looking at it the Reg refers only to entitlement to ESA SG, he is entitled but with no payability.
Would that be enough for the LCWRA to be paid from the start of any UC claim or does the fact it is not in payment mean he cannot benefit from Reg 19
Transition from old style ESA
19.—(1) This regulation applies where—
(a)an award of universal credit is made to a claimant who was entitled to old style ESA on the date on which the claim for universal credit was made or treated as made (“the relevant date”); and
[F1(b)on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act).]
Not got time to have a proper look and give a detailed response now, but this may well be of use to you:
Cheers
Alex