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

Inclusion of LCWRA element in UC award following ESA appeal

Paul_Treloar_AgeUK
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Standard situation whereby ESA claimant in support group has ESA award stopped following WCA. Appeals the decision but finding it difficult to make ends meet, follows DWP advice and claims UC.

Wins ESA appeal with LCWRA and put back into support group, with arrears paid up to date of UC award.

UC will not include LCWRA element in the current UC award, so have advised on reg.19 of UC(TP) Regs but just wanted to check basis for revision of initial UC award.

I’m thinking we can flag reg.11 of Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 as being the mechanism to enable the LCWRA element to be included and payment backdated?

Decisions where there is an appeal
11.—(1) A decision may be revised where there is an appeal against the decision within the time prescribed by the Tribunal Procedure Rules but the appeal has not been decided.

(2) Where—

(a)the Secretary of State makes a decision under section 8 or 10 of the 1998 Act or such a decision is revised under section 9(1) of the 1998 Act (“decision A”);
(b)the claimant appeals against decision A;
(c)after the appeal has been made, but before it results in a decision by the First-tier Tribunal, the Secretary of State makes another decision (“decision B”) which—
(i)supersedes decision A; or
(ii)decides a further claim by the claimant;
(d)after the making of decision B, the First-tier Tribunal makes a decision on the appeal (“decision C”); and
(e)the Secretary of State would have made decision B differently if, at the time, the Secretary of State had been aware of decision C,
the Secretary of State may revise decision B.

Any thoughts gratefully received.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Paul_Treloar_AgeUK
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Brilliant, nice one Charles, thanks :-)