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

LCWRA waiting period

Rebecca Lough
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Welfare rights - Greenwich Council

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Total Posts: 118

Joined: 23 November 2018

Hello,

Would appreciate wider thoughts. I have been working from the position that a new award of LCWRA should be paid from the 4th AP, due to a 3 months waiting period. However, I’ve just had a client where it’s going to be paid in the 5th AP and I wanted to check what people thought.

Claim is made on 25th September, including declaration about health. AP is 25th September to 24th October and onwards. Legislation states that it’s the first AP after the relevant period of 3 months ends. 3 months is the 25th of December, one day into the 4th AP… therefore LCWRA paid from the 5th AP. Or should an AP be understood as a month for these purposes?

Thank you.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Total Posts: 749

Joined: 27 February 2019

The 3 months in your case ends 24th December, so LCWRA should be included from the 4th AP.

See (for example) the dates used in Example 1 in paragraph F5031 here

Rebecca Lough
forum member

Welfare rights - Greenwich Council

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Total Posts: 118

Joined: 23 November 2018

Thank you!


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