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Work allowance
When a client has automatic LCWRA for example because they are having cancer treatment I know that they won’t get the LCWRA element in their UC for the first 3 months. However, I am sure that they get the work allowance from the beginning of the UC claim but cannot find this written down anywhere. Can anyone point me to the source or correct me if I am wrong?
Many thanks in advance!
See this thread, although no source is given there either. See in particular posts #3 and #5.
I am now of the opinion that the legislation supports what you (and MareeH in that thread) say. The only reason to say different would be for the reason given in the CPAG article I quoted in that thread - due to Reg 35(9)(a) of the D&A Regs. I now think that that is incorrect, as that regulation simply provides for the effective date of a supersession when the waiting period applies (i.e. for the LCW/LCWRA element), but that wouldn’t stop another superseding/revising decision being made to include the work allowance from an earlier date.
Despite the best efforts of posters in the thread referred to by Charles I am still not clear if there is a clear statement in law or guidance about this. We have been advised by DWP locally that Work Allowance will apply from date decision is made that claimant has LCW or LCWRA. Intuitively this feels wrong because it would create a situation where different claimants are treated differently based purely on how long it takes to complete the WCA. Backdating to assessment period in which health condition is reported is the logical thing to do (which of course is not a reason to expect that that is what would happen).
We have been advised by DWP locally that Work Allowance will apply from date decision is made that claimant has LCW or LCWRA.
That’s very interesting. Have you actually seen this in practice?
I finally managed to confirm last week with one of my clients that he DID get the work allowance backdated to the start of his claim.
We have been advised by DWP locally that Work Allowance will apply from date decision is made that claimant has LCW or LCWRA.
That’s very interesting. Have you actually seen this in practice?
I finally managed to confirm last week with one of my clients that he DID get the work allowance backdated to the start of his claim.
I rarely need to track client claims in detail so am not sure what is happening in practice so asked the question whether the Work Allowance is automatically applied retrospectively to earlier assessment periods once the LCW/LCWRA decision is made. The response was that it was applied from the date of decision. I think this includes retrospective application to date from which LCWRA is payable if the WCA decision is late.
This seems wrong, but as per my earlier post, I haven’t managed to follow the arguments in the other thread which seem to revolve around filling in the gaps between what is said rather than identifying a clear statement of intent.