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IB and LCWRA component

 

MaggieB
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Dorchester CAB

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Client has been on IB for 23 years.  Made claim for UC in April this year.  No LCWRA paid.  Have to assume this is correct as no assessment of LCW/WRA on IB
Assured by ESA today that migration is in process after ESA 50 in November 2017! , client has just been referred for WCA (domiciliary visit), so could be months before WCA decision
Questions are:
If client in SG then LCWRA will be paid (I assume) from date of migration decision.  Can we argue any kind of backdating to date of UC claim?
If in WRAG (although I think not) can we link claim back to before April 2017 to allow LCW element to be paid?
Can’t find anything helpful in CPAG or S&M
Meanwhile on UC, client has submitted 6 months med certs, no UC50 or WCA and no WRR ..
Thanks in anticipation….

     
Dan Manville
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Mental health, Wolverhampton CC Welfare Rights

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Reg 22 UC(Transitional Provisions) regs.

If a person migrates to UC from IB/IS then if they are found to have LCW/LCWRA on assessment then they are treated as having LCW/LCWRA from the outset of the UC claim, the elements can be paid from the first assessment period, the assessment phase does not apply.

The 6 month med3 should have triggered an immediate referral and UC50 but in my experience it rarely does. Ask them for a UC50 to get the ball rolling.

      [ Edited: 26 Nov 2018 at 12:52 pm by Dan Manville ]
unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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I’m finding folks with existing CBESA (as was) who are claiming UC also are being sent UC50’s.

One has been assessed by ESA as being in support group only a month ago yet still has to complete a UC50! What if the UC50 outcome is different from the ESA50??

     
Brian JB
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Advisor, Wirral Welfare Rights Unit, Birkenhead

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Contact UC by phone or journal and point this out - their own guidance M6195 Advice for Decision Makers -

Where
1.
an award of UC is made to a claimant who was entitled to old style ESA on the relevant date (see M6191) and
2.
before the relevant date, it had been determined that the claimant had, or was treated as having, LCWRA1 and
3.
the assessment phase had ended
the claimant is treated as having LCWRA without the need for the WCA.

     
unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Thanks so much for that.

     
unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Another question - if it’s IRESA Support Group in place before claiming UC, do folk get to carry LCWRA forward in the same way as CBESA?

     
Jeremy Barker
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Citizens Advice North Lincolnshire

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Yes. The crucial point is that a WCA found LCWRA and that is what is carried forwards. It makes no difference whether it’s IR- or CB-ESA.

     
unhindered by talent
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Thank you - that’s what I thought. I can’t understand why people are getting UC50’s when they have already been assessed. I know they can review at any time but this appears to be an automatic process as it happens even when assessment was very recent. I’ve emailed the DWP partnership manager querying it.

     
Income Max
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Weymouth & Portland Citizens Advice

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Are you encountering this problem even where UC is correctly paying the LCWRA? I’ve only seen it where the LCWRA is missing (they haven’t done the MGP1 properly). Unfortunately, even once the LCWRA is corrected, it seems that once the UC50 is issued it is too late to stop the new WCA and the client has to see it through. So far none of the clients I’ve seen in this position have actually lost out on the new WCA, in one case I was told the HCP seemed to know about the recently resolved LCWRA dispute and more or less rubber stamped the same award.

     
unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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I’ve not got as far as UC correctly paying the LCWRA. These are cases where CBESA or IRESA Support group components were in payment immediately prior to a UC claim for Housing Costs. Jobcentre have asked for fit notes and sent out UC50’s. Most recently, a client queried in her journal whether she should complete the UC50 and was told she didn’t have to so that’s a step forward.