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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

UC, CB ESA SG and the payment of LCWRA - dispute with waiting period

Ngaryan
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Solicitor - Vauxhall Law Centre

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Total Posts: 11

Joined: 6 January 2017

Hi can anyone point me into the right regs for a client?

Client’s wife claimed CB ESA on 7/12/20
Treated as having limited capability for work related activity and placed in support group as 15/3/21
Also claiming ERM and ERM of PIP.

Client had to leave full time employment and claimed CA and UC top up to look after wife.

UC accepted their claim as of 25/4/21 and treated wife’s CB ESA as income. However, they insist that they will not be paid the LCWRA element until they have satisfied the 3 months waiting period which is sometime in August.

CPAG and Housing System suggests that the 3 month waiting period does not apply but I cant seem to find the regulations to support this. Closest I’ve got is https://www.legislation.gov.uk/uksi/2013/376/regulation/40

Any help greatly appreciated!

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Total Posts: 949

Joined: 27 February 2019

Ngaryan
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Solicitor - Vauxhall Law Centre

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Total Posts: 11

Joined: 6 January 2017

Thanks for this. Can see it now!

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Total Posts: 647

Joined: 24 November 2017

Very depressing that such basic things are not dealt with properly.