Removal of LCWRA

Hi

I have a client who had LCWRA on a claim, the claim was closed as they stated she did report her earnings which was nonsensical as she had LCWRA status and had never been self employed, we submitted a MR and they agree the old claim was closed without valid reason and a back- payment was due. 
As we did not know how long the MR would take etc we made a new claim, I presumed the LCWRA would be carried over to the new claim as the previous claim was closed in error by the DWP however they are stating it will not be on the grounds that the claimant’s health condition has changed- not only is this information incorrect I also do not see if it is relevant as surely if the claim was closed in error the decision should be carried over and the client should not have to go through the WCA process again- she is already been asked to attend Mandatory Appointments.

Many Thanks

Yes, the decision to end her award has been revised, with the outcome that she has a continuous entitlement to UC from whenever she initially claimed. There is no basis on which to stop paying her LCWRA. Even if it is true that her health has changed, entitlement to the LCWRA continues indefinitely until a decision following re-assessment that the claimant no longer has LCWRA, which isn’t relevant here. You can challenge the exclusion of the LCWRA by MR of the first AP without it.