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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Live Service to Full Service with LCW

Timothy Seaside
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Housing services - Arun District Council

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My client went over from LS to FS at the start of October (our area went FS in July) - she did it with help at the JCP. She was awarded LCW in the olden days - when it used to attract an additional amount of UC. Her LCW was due to be reviewed in July (while she was still LS), but she got a call cancelling the WCA on the day and had to rearrange for the end of August - she attended this, but hadn’t had an answer before her LS ended and her FS began.

She’s not completely clear on whether she received the LCW in her first payment on FS (I didn’t think to check her payment history while she was with me, and she has zero internet access (and very limited IT skills) herself). However, she is certainly not getting LCW now, and she hasn’t had any decision on the August WCA.

She’s now received a health questionnaire for a new WCA, and the notes in the journal seem to suggest they are treating this as a new application for LCW.

She’s tried speaking to the local JCP but they have the stock LS response: we can’t see LS claims. And they have told her the LCW should have stopped in July because it “ran out” then, and she’ll have an OP if her new WCA goes against her (for the months she received £LCW after July). She’s tried calling the helpline, but after taking half an hour to get through to the FS helpline and being told they couldn’t see LS claims, she gave up.

We’ve added a note to the journal asking why she’s not being treated as LCW now - given that she is still getting UC, and there’s nothing to suggest the WCA in August went against her (no decision letter). She’s had to agree to commitments, so it’s not just that they’re not paying the LCW.

We’ve also put a subject access request on the journal (under the new Data Protection Act): we’ve asked for all the information they have about her LCW and WCAs on her LS claim. This shouldn’t be the only way to find out what’s going on, but hopefully it will spur them into action.

So, can anybody think of any reason why the LCW wouldn’t go across from LS to FS (I mean lawful reasons, rather than DWP mistakes and lack of communication)?

She did say that she had some trouble applying for FS - she thought she’d done it herself with help from her son, but then went into JCP because she hadn’t heard anything/received any money by her payment day. She finished her application with their help, and they made the payment the same day. But I can’t think of any way this could be relevant.

Any suggestions, please?

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Timothy Seaside - 12 December 2018 02:38 PM

She did say that she had some trouble applying for FS - she thought she’d done it herself with help from her son, but then went into JCP because she hadn’t heard anything/received any money by her payment day. She finished her application with their help, and they made the payment the same day. But I can’t think of any way this could be relevant.

Might the Jbc have simply closed down her old claim and started a new one, perhaps backdating it for a month so it looks like a normal payment minus the LCW element?  As per this thread, try speaking to the Transfer team who may be able to resolve it for you https://www.rightsnet.org.uk/Forums/viewthread/13281/

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

BC Welfare Rights - 12 December 2018 05:41 PM

Might the Jbc have simply closed down her old claim and started a new one, perhaps backdating it for a month so it looks like a normal payment minus the LCW element?  As per this thread, try speaking to the Transfer team who may be able to resolve it for you https://www.rightsnet.org.uk/Forums/viewthread/13281/

That sounds possible. But I despair at JCP staff telling somebody their LCW should have ended automatically and can’t carry on until they’ve had another WCA now they’ve gone from LS to FS. I probably won’t see the client again until the new year, so the DWP will almost certainly have sorted it all out by then. But in the incredibly unlikely event that it has proved too tricky for them, I think I’ll follow your suggestion and ask to speak to the Transfer team.

I wonder how they’ll deal with our DPA request.

ClairemHodgson
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Solicitor, SC Law, Harrow

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Timothy Seaside - 14 December 2018 10:51 AM

I wonder how they’ll deal with our DPA request.

They won’t, because
1. you haven’t filled in their form and sent it in by post
2. DPA doesn’t exist any more, it’s GDPR (not that that should make a huge difference but ....)

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

ClairemHodgson - 14 December 2018 12:42 PM
Timothy Seaside - 14 December 2018 10:51 AM

I wonder how they’ll deal with our DPA request.

They won’t, because
1. you haven’t filled in their form and sent it in by post
2. DPA doesn’t exist any more, it’s GDPR (not that that should make a huge difference but ....)

No, the GDPR is the EU legislation (which is directly applicable), and it is implemented in UK law via the shiny new DPA 2018. The old DPA is dead, long live the new DPA.

I can imagine the DWP trying to argue they don’t have to comply because I haven’t made the request via a dedicated address with a form, witnessed, printed on paper made from unicorn hairs, but I’m fairly confident the ICO will see it differently.

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

BC Welfare Rights - 12 December 2018 05:41 PM

Might the Jbc have simply closed down her old claim and started a new one, perhaps backdating it for a month so it looks like a normal payment minus the LCW element?  As per this thread, try speaking to the Transfer team who may be able to resolve it for you https://www.rightsnet.org.uk/Forums/viewthread/13281/

Saw the client today. Called UC helpline and spoke to claim manager. She said they were waiting for information from LS and couldn’t do anything until then because otherwise there might be an overpayment. I explained why I disagreed with this and to be fair, the claim manager listened to what I was saying, but then said she still couldn’t do anything because they haven’t got any information from LS about the LCW. She said she would escalate it (presumably a bit more than it was escalated in October, November and December). She gladly agreed to put me through to the Transfers team, although it sounds like they call it the Switching team within the DWP.

So I went through to the Switching team (after making the mistake of choosing option 2 - you have to say you have received a letter asking you to switch, or they cut you off). I eventually got through to Grimsby and the guy put me back in the Vivaldi loop while he looked into it. When he came back on he told me the claim manager had just recalculated the award to include LCW for the whole FS claim. Seems like a good result.

Phone number for Transfers/Switching:  0800 328 7844