‘Shielding’ and LCW
I’m sure this has been discussed before but my brain is struggling today and I’m having trouble joining up all the miscellaneous changes that have taken place over the last couple of months.
Is a UC claimant who has received a ‘shielding’ letter entitled to be treated as having LCW and therefore to a Work Allowance? If so, what process are DWP making UC claimants go through to establish this?
Hi Ian - it’s one of the questions I’ve still got pending with DWP - got a meeting in 5 mins with them - will be asking again!
I look forward to their response - if you got one.
Slightly reassured that you don’t know the answer - it means that I’m not missing the obvious! (But doesn’t help me advise my clients.)
My logic on this is that if people who are shielding can claim new style ESA (as stated here https://www.gov.uk/guidance/new-style-employment-and-support-allowance#eligibility*) they are being treated as having LCW for ESA and therefore logically ought to be for UC and under normal UC rules if they have LCW they ought to get a WA.
(*I’ve lost track of which regulation allows claiming new style EA in these circumstances.)[ Edited: 14 May 2020 at 07:45 pm by Ianb ]
I would also say that logically, however all this has been legislated for, if those in isolation are not treated as having LCW for UC, I would certainly expect those shielding not to.
Thanks Charles. I knew we’d discussed before but couldn’t find that thread when I looked yesterday. I can see that the legislation does treat ESA and UC differently.
Will be interested to hear whether Daphne gets any response.
I do feel that I’ve lost the plot in the last few weeks.[ Edited: 15 May 2020 at 06:53 am by Ianb ]