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

LCWRA & Carer elements

unhindered by talent
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Aberdeenshire Support and Advice Team

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Joined: 18 October 2013

Both partners assessed as having LCWRA in a UC claim. Male is the claimant for whom the element is in payment so i’m thinking that female could potentially have carer element included if she meets eligibility criteria as her LCWRA is not attracting the payment of the LCWRA element?

I looked at Reg 29 [F2(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.]

I read that as confirming that male could not get LCWRA and Carer element but just want to double check that she isn’t precluded due to her LCWRA status.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Yes that is what it is trying to say.  It is preventing dual elements by reference to the same person.

Reg 29 is not entirely consistent with Reg 27, which covers the LCWRA element.  Reg 27 doesn’t really attach the element to a specific member of the couple where both have LCWRA, it just says the award cannot include two LCWRA elements.  But read together I think Regs 27 and 29 contemplate that there can be one award of each element in a case where both members of the couple satisfy the conditions for both.

unhindered by talent
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Aberdeenshire Support and Advice Team

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Many thanks, HB