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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

UC & Carers question (including WCA)

JojoMitchell
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Disability Law Service, London

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I’m seeing clients that are living in the full service area so am now coming across UC cases.  I’m hoping that someone could answer the following:

1) ESA claimant failed WCA and put on UC as unable to claim JSA.  If appeal is successful and is assessed at having LCWRA, will LCWRA element be paid under UC from the date of claim?  Will the arrears of ESA be paid separately?

2) Same scenario – while appealing WCA decision, does the claimant have to provide sick notes to be paid the arrears of LCWRA under UC?

3) Carers – claimant appealing WCA and has had to claim UC.  Receiving CA.  If appeal is successful and awarded LCW, they can only get the carer element (as after April 17?)?  If awarded LCWRA and claiming CA, which element can they get?  As UC only pays one element can you still receive CA but have LCWRA?  Does the claimant need to hand in sick notes during appeal stage?  (UC telling the claimant that they cannot be sick and a carer).

Help! :(

Daphne
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This is how I see it Jo -

1) Yes the appropriate element should be paid from the start of the UC claim and the ESA arrears linked to the ESA claim (if there are any) paid separately - see thread https://www.rightsnet.org.uk/forums/viewthread/11307/

2) there is no point providing fit notes pending the appeal as won’t lead to any extra element being paid in UC - if appeal is successful LCWRA will apply from date of decision so element can be fully backdated.

3) it is when the period of limited capability for work started that it is important so if the appeal is successful LCW element can be paid provided period of LCW started before 3/4/17. A claimant can be sick and a carer but the UC award can’t contain an element in respect of both for the same person (a couple can get one element each if it applies). So if claimant has LCW and carer status the carer element is included (the higher), and if claimant has LCWRA and carer status the LCWRA element is included (the higher).

Don’t forget that for claimants failing the WCA in a full service UC area another option is not to claim UC but to push the ESA MR through as quickly as possible to remain on legacy benefits - see thread https://www.rightsnet.org.uk/forums/viewthread/11620/

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Many thanks Daphne.  Unfortunately the carer had already requested the MR and is receiving UC annoyingly!

Daphne
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rightsnet writer / editor

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Happening in a lot of cases - not much you can do :(

JojoMitchell
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Disability Law Service, London

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Total Posts: 290

Joined: 10 July 2017

Sorry one more question - claimant failed ESA WCA and again claimed UC rather than sticking it out.  Appealing WCA but his support worker has telephoned UC and said that there’s been a change of circs and that he’s unable to work and has provided a med cert.  Will this lead to a new reassessment under UC?  If the appeal is successful will this supersede any later decision by UC on WCA?  and finally, as there has been a change of circs reported, will the Tribunal only be able to consider the WCA up until the change?

Many thanks!!!!!!!!!!