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

Credits for LCW in the Social Security (Credits) Regulations 1975

AlexJ
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Trafford Welfare Rights

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Hello

I have a client who was on IRESA including the support component (did not have CBESA entitlement), until her husband started working and their income was too high for her entitlement to continue. Six months later, he stops work and they claim UC.

Under s21 of the UC (Transitional Provisions) Regulations 2014, a claimant who has credits for LCW under the Social Security (Credits) Regulations 1975 can be treated as having LCW in relation to their UC claim.

My question is, did this person’s credits for LCW continue when she stopped being entitled to IRESA? This appears to turn on the reading of reg. 8B of the 1975 regulations. What exactly does paragraph (iv) of reg. 8B mean? I can see that paragraph (iva) says a person continues to get credits if their ESA stopped due to the 365 days time limiting (by reference to s1A of the WRA 2007).  Does paragraph (iv) essentially say that a person continues to get credits if they would have been entitled to ESA, had they had sufficient NI contributions? That’s my reading.

In which case, this lady should have continued to get credits under the 1975 regulations despite her entitlement to ESA ending when her husband started work, and consequently she should be able to be treated as having LCW on her UC claim.

Any thoughts?

Cheers

Alex

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Yes, you are correct. There is actually an example of this in the DMG: see Example 1 in paragraph 44637 here.

TJi
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Alex, have just challenged a similar scenario with a UC case of mine arguing the exact regulation you mention. I agree that a person should be treated as having LCW or LCWRA   and the appropriate work capability amount should be included from the date of the UC claim .  I am waiting for the DWP to respond to this.

Liam C
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Welfare rights adviser - Drumchapel Citizens Advice Bureau

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Hi

I have a question about the same regs.

Para (v) of reg. 8B states a person is entitled to credits if they would have had LCW had they claimed ESA ‘within the prescribed time’.

My client was unfit for work from Apr 2019, but didn’t make a claim for New-style ESA until Sep 2019.
She was awarded a credits only ESA claim backdated to June 2019.

Does 8B (v) mean that my client could be awarded credits for the period between Apr and June 2019?

Any thoughts much appreciated

AlexJ
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Trafford Welfare Rights

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Charles - 28 January 2020 11:51 PM

Yes, you are correct. There is actually an example of this in the DMG: see Example 1 in paragraph 44637 here.

Thank you Charles, this is really useful.

Also, someone has helpfully pointed me in the direction of this ADM M6 (Effects of transition to Universal Credit, digital service area), which from paragraph M6220 onwards is very useful:

M6220 This section gives guidance on the effect on entitlement to UC for claimants who
were previously not entitled to old style ESA but were entitled to NI credits. The
claimant may be treated as having LCW or LCWRA, and may be entitled to the
LCWRA element. If they are treated as having LCW or LCWRA, then the normal UC
rules for further referrals for the WCA apply. See ADM Chapter G1 (Work capability
assessment) for further details.

 

Liam C
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Welfare rights adviser - Drumchapel Citizens Advice Bureau

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Liam C - 29 January 2020 09:29 AM

Hi

I have a question about the same regs.

Para (v) of reg. 8B states a person is entitled to credits if they would have had LCW had they claimed ESA ‘within the prescribed time’.

My client was unfit for work from Apr 2019, but didn’t make a claim for New-style ESA until Sep 2019.
She was awarded a credits only ESA claim backdated to June 2019.

Does 8B (v) mean that my client could be awarded credits for the period between Apr and June 2019?

Any thoughts much appreciated

In case anyone’s interested, my client got NI credits awarded for a 6 month period *before* her ESA claim, simply on the basis she would have had LCW if she had claimed ESA earlier.

It took 3 requests at jobcentre, phonecalls to numerous benefit centres, a complaint, and the local MP twice raising the matter with DWP. But it worked!