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

start date of LCWRA element (again)

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

As per usual I am confusing myself with this. Lots of complications involving UC errors and Tribunal set asides etc, but essentially the situation is as follows.

Client has old style ESA with WRAG component since 2013. He claims UC on 01.06.20 and he is awarded the LCW element under the Transitional Provisions regs. He reports a deterioration in his condition on 08.06.20 and asks for a new WCA. This eventually happens and on 20 September 2021 he is awarded the LCWRA element.

When should the LCWRA element start from?

 

 

Elliot Kent
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Shelter

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Joined: 14 July 2014

This is a supersession. The effective date of the supersession depends on which ground was used.

If the DWP supersede on the ground that new medical evidence has been received - reg 26 D&A - then the supersession takes effect when the decision was made.

If the DWP supersede on the ground that there has been a change of circumstances - reg 23 D&A - then the effective date of the supersession is either the date on which the change occurred or the date it was reported.

The date of the change would be used if the change was reported within a month of it occurring or if it was reported within 13 months of it occurring and it is reasonable to extend the time limit.  Otherwise, the date of reporting the change is used. See part 3, sch 1 D&A.

The DWP should consider which ground of supersession is appropriate and which effective date therefore applies. If you don’t think that this is correct, then the ground of supersession and effective date are both part of the decision and are subject to appeal.

[ Edited: 19 Oct 2021 at 01:47 pm by Elliot Kent ]