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retaining LCW while a qualifying young person - is this possible?

 

Cordelia
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Welfare Rights Officer, Wrexham Council Welfare Rights Team, Wrexham

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Total Posts: 93

Joined: 16 June 2010

Can anyone offer an opinion on this situation?

My client was a looked after child.  When he turned 18 he claimed ESA. He was also in receipt of PIP.  After a few months he was found fit for work.  At around the same time he moved in with his uncle and returned to school.  His uncle claimed Child Benefit etc. for him. 

He appealed the ESA decision and was eventually placed in the support group.  ESA have paid arrears up to the point where uncle’s Child Benefit claim started.

Over the last year my client has had his PIP stopped.  We have appealed this and have a hearing date for next week.  I don’t think this should affect his LCWRA status but I’m mentioning it just in case…

He turned 20 a few months ago.  His uncle was no longer able to claim Child Benefit etc. for him so he claimed UC.  The DWP say that his ESA claim was closed from the date he returned to education / became a qualifying young person so UC are having to start the work capability assessment process from scratch.

My question is that given he has established LCWRA, should that status survive even though his ESA claim has ended?  He hasn’t done any paid work, or been found fit for work. 

Thanks in advance for your thoughts.

     
grant
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welfare rights adviser sefton cab

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Joined: 18 June 2010

Hi Cordelia. My view, for what it’s worth, is that your client should still be covered by Reg 19 of the UC Regs. Since the Tribunal decision there has not been any other determination in relation to your client’s capability for work, thus that status is retained.
As it happens I believe you joined Wrexham after I left. Say hello to anyone still there who remembers me

     
Cordelia
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Welfare Rights Officer, Wrexham Council Welfare Rights Team, Wrexham

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Total Posts: 93

Joined: 16 June 2010

Hi Grant,

Hello from Wrexham!  I’ve heard your name mentioned many times and I’ll certainly pass on your greetings.

Thanks for your opinion on my client’s situation as well.