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

Moving from LCW to LCWWRA?

Carolyn McA
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Adviser, Citizens Advice and Rights Fife

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Joined: 17 April 2019

I almost can’t believe I’ve never been asked this before…
Client is receiving NSESA with LCW awarded on appeal on 4/5/20 which is due to end in August after his 365 days entitlement expires. However since he was assessed he has been diagnosed with and treated for mental health problems and believes he may now have LCWWRA. What is the best way to pursue this? Is there a way that might lead to a decision in time to extend his NSESA entitlement? The client is desperate not to claim UC due to his wife’s ESA, despite the fact that they would (in theory at least) be better off on UC. His goal in making an NSESA only claim was to buy himself time while waiting for a decision on medical retirement, allowing him to access his occupational pension; this has now been refused and he is unable to appeal the decision until he’s been terminated on capability grounds (his employer seems to be dragging feet on this). I have advised that he can claim CA for caring for his wife (PIP in place) with only a very small drop in income (which in Scotland is made up by the CA Supplement) but he seems reluctant to go down this route either.
Thanks in advance.

[ Edited: 9 Jun 2020 at 03:53 pm by Carolyn McA ]
Elliot Kent
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You are just reporting a change of circumstances.

In a lot of cases you used to be able to just be able to write to the DWP saying that due to a change in circumstances the claimant ought to be put in the support group and setting out the reasons for this and decision makers would decide whether they were prepared to go along with this. These days it is more likely that they will just take this as a prompt to put you in for early re-assessment and send out an ESA50.

The prospects of this being dealt with by August are pretty slim, however as the supersession would be effective from the date the change is reported, his entitlement ought to be backdated once established..

Carolyn McA
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Adviser, Citizens Advice and Rights Fife

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Total Posts: 48

Joined: 17 April 2019

Thanks Elliot. I realised a supersession could be requested after I’d posted, but it’s useful to have the info about triggering reassessment, and that the entitlement can be backdated meaning that it’s worth pursuing even if the original 365 days run out before it’s decided.