Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

ESA credits and UC claim

CA Adviser
forum member

Citizens Advice Calderdale, West Yorkshire

Send message

Total Posts: 32

Joined: 27 September 2011

Cl was in receipt of income-related ESA with the support component, PIP and HB/CTR until he received a pension lump sum last year which took him out of entitlement to means-tested benefits. It appears he continued to receive credits for LCWRA. His capital is now below the upper threshold so he can claim UC. Will he have LCWRA from the start of the UC claim or will he have a new assessment period and WCA?
Many thanks

[ Edited: 28 Jan 2020 at 09:01 am by CA Adviser ]
Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 747

Joined: 27 February 2019

He should get the LCWRA element from the start with no WCA needed. See Reg 21 of The Universal Credit (Transitional Provisions) Regulations. The guidance can be found at paragraph M6225 here.

You may have trouble getting DWP to do this in practice though!

CA Adviser
forum member

Citizens Advice Calderdale, West Yorkshire

Send message

Total Posts: 32

Joined: 27 September 2011

Thank you Charles

Rosie W
forum member

Welfare rights service - Northumbria Healthcare NHS Trust

Send message

Total Posts: 312

Joined: 9 February 2012

To be fair to UC, much as it pains me, my experience over the last 2-3 months is that they have been paying the lcwra element in these circumstances from the first AP without any fuss.

It pains me because we have so many difficulties with UC otherwise.