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Mixed-age couple and LCWRA and carer elements
Hoping someone can help me get this straight.
We have MAC, where older partner reaches SPA on 6 May 2020. She currently claims ESA for them both and is in the support group (also receiving LR Care and HR Mob DLA). She also claims CA for taking care of younger partner who is receiving ERDL and ERM PIP and is also currently HB claimant.
So far so good. When older partner reaches SPA, the ESA award stops as does the HB award and they need to claim UC instead.
Only one LCWRA element can be paid to a couple and as she is currently in support group on ESA award, provided she claims UC before SPA, then the LCWRA element should be awarded from day 1 of the UC claim.
However, as a couple can also receive a carer’s element if they satisfy the conditions, is there a way to argue this should be included in the UC award as well? I’m assuming that her role as both reason for why LCWRA element can be included from day 1 and that she will have underlying CA entitlement means this isn’t possible?
If that is correct, then they need to try and get younger partner assessed as having LCWRA with 3-month time lag and if/when that happens, they can be paid both components. All seems quite a faff but does that sound correct?
To answer my own question, I think it’s reg.29(4) of the UC Regs that apply here.
4) Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), only the LCWRA element may be included in respect of the claimant.
She does have LCWRA and the partner doesn’t so the carer element is not included, only the LCWRA element.
This is absurd in my opinion. We have two chronically disabled people who are now going to have to go through the trauma of both closing down existing benefit claims and both being forced to claim UC instead. The younger partner is also going to be forced to seek a WCA to establish whether he has LCWRA (which given the level of his PIP award seems extremely likely). They don’t have internet access either. And the country is in lockdown and DWP are struggling to process UC claims.
I agree with your reasoning Paul - and with your view on the absurdity - not that that helps your claimant in any way…
I have a very similar case -
Both working age - both have cancer and iro PIP and UC (one child + housing costs)
Mr actually gets paid the CA. Mrs has got the Limited Capability for Work and Work Related Activity added to the claim.
I have asked UC to add the Carers Element. They have said you can’t get both but I am assuming that this would be if MR was in the LCWRA as he cannot get both?
It’s a Friday afternoon and I just cannot get my head around it so may need to wait until Monday to re-look!
Just a word of warning - if she wants her support group transitioned to LCWRA on UC - even if it is only for as long as it takes to get the other party through a WCA - then they need to make the UC claim before she reaches state pension age.
Otherwise regulation 19 of UC transitional provisions 2014 won’t kick in.
I have a very similar case -
Both working age - both have cancer and iro PIP and UC (one child + housing costs)
Mr actually gets paid the CA. Mrs has got the Limited Capability for Work and Work Related Activity added to the claim.
I have asked UC to add the Carers Element. They have said you can’t get both but I am assuming that this would be if MR was in the LCWRA as he cannot get both?
It’s a Friday afternoon and I just cannot get my head around it so may need to wait until Monday to re-look!
If Mrs gets LCWRA, then yes Mr can get carer element for based on Mrs PIP award. It’s pretty common for a joint claim to have 1 x LCWRA and 1 x carer element on the claim.
The difficulty in the original poster’s case is that the person with LCWRA didn’t also have a qualifying benefit for the partner to be able to claim carer’s allowance for (low rate DLA).