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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

LCW Transitional Provisions and ESA Linking rules

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

I’ve just had an MRN back for a client where we were asking for the LCW element from the start of the claim because she claimed UC after a no LCW decision in ESA which was later turned over on appeal. But it turns out there was a previous no LCW decision and a previous unsuccessful appeal that I didn’t know about. So the chronology looks like this (after appeals):
pre 3 April 2017 = LCW
2 May 2017 = end of LCW
25 July 2017 = LCW
October 2018 = UC claim

It seems to me that Tuesday 25 July 2017 was not more than 12 weeks after Tuesday 2 May 2017.
If that’s correct then would Reg 86 of the ESA Regs apply (i.e. linking)?
And would that then mean that the LCW element would have continued in ESA by virtue of para 3 of Sch 2 of the ESA & UC (MATSP) Regs?
And would that mean that the LCW element would be payable in UC by virtue of para 13 of Sch 2? Or do ESA linking periods not help with getting past the requirement: “immediately before 3rd April 2017 the claimant was entitled to employment and support allowance and remains so entitled throughout the period beginning with 3rd April 2017 and ending with the date on which the claim for universal credit is made…”?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Joined: 27 February 2019

I think you are correct that the later period of entitlement to ESA should have included the work-related activity component. However (as you have identified), that won’t be enough for the LCW element to be included in the UC claim.

See also this previous thread:
https://www.rightsnet.org.uk/forums/viewthread/14644/

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

Thank you Charles. Looks like all that’s left is to check she got the WRAC in her ESA after the appeal (which was after the UC claim and paid as a single lump sum, so it’s unlikely she’s checked how much she got).