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

UC LCWRA : Failure to report mental health breakdown

HFCAB
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Generalist team - Hammersmith & Fulham CAB

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Total Posts: 155

Joined: 8 July 2010

Client was part of UC couple. Both in receipt of Carers Element as 2 autistic children. Client developed mental health problems but never declared them.  In May 2020, mid Covid lockdown,  he had a severe breakdown and was sectioned for 5 weeks. No report of the breakdown made in UC journal. In July 2020 he and his partner separated and she wrote in their UC journal on 13/7/20 that he had had a breakdown and they were going to claim UC as single people.  No mention about cl’s health seems to have been made apart from this journal entry.
Client claimed UC on 15/7/20 as a single person and was again awarded Carers element.  His now ex partner helped him with the claim as he struggles with any engagement outside his family.  It wasn’t until Sept when Citizens Advice was helping client complete a PIP application form that we advised he was eligible for LCWRA and should be assessed via a UC50. He has now been placed in the LCWRA group from November onwards - 3 months after his UC application. I want to double check if there is any argument that as he was incapable of informing UC about his mental breakdown in May (and his partner was overwhelmed but told them 2 months later in July), his LCWRA should be awarded from August 2020 onwards - ie 3 months after his breakdown.

AlexJ
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Trafford Welfare Rights

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Total Posts: 148

Joined: 4 July 2016

You might find something of use on this thread: https://www.rightsnet.org.uk/forums/viewthread/16681/

Cheers

Alex