UC claiming mechanics
Client has recently taken sick leave due to a cancer diagnosis, and is now undergoing chemotherapy.
If she claims UC now she won’t be paid anything for the next three months because:
a) her sick pay is too high; and
b) she won’t yet qualify for the LCWRA element to be added to her UC maximum amount.
In three months’ time she should be getting the LCWRA element and her sick pay will be reduced, meaning a substantial UC entitlement.
What is the mechanism for making a claim now in order to get the waiting period started for the LCWRA element and maintaining that claim for three months while there is no ongoing UC entitlement? Is there a danger of the claim being closed down completely, forcing the client to make a new claim and start a new waiting period?
If there would be UC entitlement if the LCWRA element was included now it is clear that although there will be nil UC payable the claim should be kept open for the three month relevant period. See UC Regulations 2013 regulation 28(7). So just claim in the normal way, reporting health condition and providing evidence.
If income is currently such that even if LCWRA element was included there would be no entitlement to UC then I am not clear that this regulation applies and any claim made might normally be closed on grounds of nil UC payable.
I would simply claim and see what happens.
Presumably they are within a period of SSP entitlement so cannot claim new style ESA.