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No UC entitlement until LCWRA element included
Like the title suggests, we have a mixed-age couple whereby he can be treated as having LCWRA due to enhanced rate PIP award but this is subject to 13-week waiting period.
Unless LCWRA element included, they don’t have any entitlement to UC.
Anyone know how this works in practice? Am going to signpost to Cit A Help to Claim service but would be good to know what happens in these situations so we can advise accordingly.
Many thanks in anticipation, as always.
They get a 1p award - see para F5070 - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864911/admf5.pdf
This starts the assessment periods running so the element can be paid after three months :)_
Brilliant, thought there was something like that, thanks very much Daphne, very helpful as ever.
Hi, I’m going to piggy back on here with a similar enquiry;
I have a mixed age couple where the younger partner has PIP standard rate mobility and health conditions. Currently he claims NS JSA and with that plus the other partner’s state pension, they are currently overscale for UC, and therefore cannot get a DHP for their 2 spare bedrooms :-( . It looks like they made a claim for UC in Sep which was over scale.
NS JSA will end in a month and they will claim UC anyway, plus we’ll explore whether he should get DL in PIP as well.
But I’m wondering if UC should have kept the claim open for assessment of LCWRA , using the ADM reference that Daphne cited. Would this only have been the case if he had sent in sick notes when they claimed?
I’m slightly confused by the fact he claimed NS JSA for some reason and not NS ESA, so maybe it wouldn’t have applied anyway - would there have been anything to stop him claiming NS JSA and also putting in sicknotes for UC?
Hi, I’m going to piggy back on here with a similar enquiry;
I have a mixed age couple where the younger partner has PIP standard rate mobility and health conditions. Currently he claims NS JSA and with that plus the other partner’s state pension, they are currently overscale for UC, and therefore cannot get a DHP for their 2 spare bedrooms :-( . It looks like they made a claim for UC in Sep which was over scale.
NS JSA will end in a month and they will claim UC anyway, plus we’ll explore whether he should get DL in PIP as well.
But I’m wondering if UC should have kept the claim open for assessment of LCWRA , using the ADM reference that Daphne cited. Would this only have been the case if he had sent in sick notes when they claimed?I’m slightly confused by the fact he claimed NS JSA for some reason and not NS ESA, so maybe it wouldn’t have applied anyway - would there have been anything to stop him claiming NS JSA and also putting in sicknotes for UC?
Not sure of basis for why LCWRA applies here, unless as you note, they supplied sick notes?
In my case, it was due to client being over SPA and having EDL PIP, but your client is under SPA and has been claiming JSA.
Yes it’s bit hypothetical but I was thinking if he did submit sicknotes when he claimed UC, what is the mechanism for the UC claim to stay open on a nil payment basis pending the outcome of a WCA?
A wee follow up to Paul and Daphne in particular.
I have mixed age couple in similar situation. Pension age member has PIP at ERDL.
Not getting paid LCWWRA element. He has highlighted this on his journal but advised he must submit sick note.
Is this correct? Could sick note be backdated/accepted from date of claim.
Also his GP apparently non to happy at having to provide sick note for a pensioner..
A wee follow up to Paul and Daphne in particular.
I have mixed age couple in similar situation. Pension age member has PIP at ERDL.
Not getting paid LCWWRA element. He has highlighted this on his journal but advised he must submit sick note.
Is this correct? Could sick note be backdated/accepted from date of claim.
Also his GP apparently non to happy at having to provide sick note for a pensioner..
This is so annoying and so pointless, why do these jobsworth idiots persist in making stupid demands like this? No wonder the GP is annoyed.
From reg.40(5) of the UC Regs 2013
(5) [F1Subject to paragraph (6),] a claimant is to be treated as having limited capability for work and work-related activity if any of the circumstances set out in Schedule 9 applies.
Para.5 of Sch.9 allows:
Disabled and over the age for state pension credit
5. The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance, the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate.
That’s it. The client gets ERDL of PIP, he satisfies para.5 as a result, which in turn means reg.40(5) is satisfied. That’s it. Next they’ll be telling you he needs a WCA just to check….
Yes it’s bit hypothetical but I was thinking if he did submit sicknotes when he claimed UC, what is the mechanism for the UC claim to stay open on a nil payment basis pending the outcome of a WCA?
if health condition is reported and Fit Note provided then the UC claim should be kept open (as if 1p is payable) during the relevant period until such time as the WCA has been completed [UC Regs 2013 Regulation 28 (7)]. This is what Daphne referenced in the ADM.
However this clause only applies if the inclusion of the LCWRA element would result in entitlement. If there would still be no entitlement with LCWRA included then the requirement to keep the claim open does not apply.
[ Edited: 11 Jan 2021 at 02:33 pm by Ianb ]This is so annoying and so pointless, why do these jobsworth idiots persist in making stupid demands like this? No wonder the GP is annoyed.
....
Computer says no.
The Build won’t pay the LCWRAE without a disability reported and a med3 registered on the system. The process to pay the LCWRAE and/or refer through MSRS is greyed out otherwise.
This is so annoying and so pointless, why do these jobsworth idiots persist in making stupid demands like this? No wonder the GP is annoyed.
....Computer says no.
The Build won’t pay the LCWRAE without a disability reported and a med3 registered on the system. The process to pay the LCWRAE and/or refer through MSRS is greyed out otherwise.
Thanks Dan, that’s a direct contradiction of what UC officials told us when the MAC changes were introduced. They said no need for any med cert for people covered by the t/as conditions.
Thanks Dan, that’s a direct contradiction of what UC officials told us when the MAC changes were introduced. They said no need for any med cert for people covered by the t/as conditions.
It also completely contradicts House of Commons deposited paper which clearly states that a Fit Note is not the only form of acceptable medical evidence. http://data.parliament.uk/DepositedPapers/Files/DEP2020-0646/92._Medical_Evidence__including_Fit_notes_v6.0.pdf
I would suggest that in these circumstances the PIP award itself could be seen as the medical evidence (although obviously ‘medical evidence’ shouldn’t be required).
[ Edited: 11 Jan 2021 at 03:12 pm by Ianb ]