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Forum Home  →  Discussion  →  Children and childcare  →  Thread

benefit calculation question

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Joined: 9 October 2019

Hi there I have a slightly complicated query that I just wanted to run my someone else as it’s been a while since I’ve advised :

Client claims UC in LCWRA group doing permitted work and is classed as self employed.  Claims standard rate daily living PIP.
Client is pregnant and due in January 22. 
Told her about child benefit and changes to her housing elements once the child is born (single with 2 bedrooms atm) and the sure start grant.

Obviously she wont receive Stat maternity pay as self employed but has a maternity allowance form she wishes to complete.  She should be eligible as she gets £198 per month.
When I’ve used the QBC tool and done a ‘what if’ to include mat allowance the benefit amount stays the same except UC is reduced and her non mean tested benefit (obvs with the mat allowance included) increases. 

My question is: as she is already on UC LCWRA will that be in danger if she were to move on to mat Allowance?  The mat allowance is only temp so should she be making a claim MA at all?  Is her LCWRA element affected once she has the child then and she has no choice but to claim MA .  If she claims MA then it ends will she have to reapply for the LCWRA element?

Thank you in advance for any advice given.

Daphne
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rightsnet writer / editor

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Having a child and claiming maternity allowance do not in themselves change entitlement to the LCWRA element - that could only be taken away by being assessed under the WCA and not having the relevant points or meeting one of the exceptions - allowing for a supersession.

I don’t think that claiming MA would be likely to trigger a WCA, but I don’t have direct experience so others may know better

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Just thought I’d add that permitted work rules do not apply to UC, they only apply to ESA. Once LCWRA is in place there are no limits on the work that can be done.

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Ianb - 05 October 2021 07:40 PM

Just thought I’d add that permitted work rules do not apply to UC, they only apply to ESA. Once LCWRA is in place there are no limits on the work that can be done.

Ah of course thank you, still in my ESA head!

Cases
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Cotswold Citizens Advice - adviser

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My only comment about working under LCWRA is that this may prompt a WCA on the basis that if the LCWRA is awarded in the understanding working or preparing for work is not possible, DWP may want to reassess.
Interesting question thank you