Transitional amount not getting LCWRA
I’m dealing with a case where the client moved to UC prior to the SDP Gateway. At the point UC calculated his entitlement to a transitional element he had LCWRA and was awarded an ongoing amount of £120 per month. So far so good.
However, for the period before this he only had LCW but the arrears were also calculated at £120.
I have argued that the arrears should have been calculated at £285 per month as he didn’t have LCWRA at that time.
The appeals section agreed with me but no arrears were forthcoming. UC now saying they are not sure of the validity of the appeals section’s decision. They are apparently having a debate about the interpretation of the rules. Some DM’s agreeing with me, others suggesting the arrears should be calculated at £120.
Would be very grateful for opinions on this.
Thanks in advance.
I think it should be £120. The regs, as in force at the time, say clearly “The transitional SDP amount, calculated by reference to the date of the determination...”.[ Edited: 25 Feb 2021 at 01:22 pm by Charles ]
B%£**r I think you’re right.
seems incredibly unfair.