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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC LCWRA relevant period for ns-ESA claimant

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Joined: 24 November 2017

I know this has been discussed before but I can’t find the discussion
If a claimant is already in ns-ESA Support Group when they claim UC we know that they are entitled to the LCWRA element from the start of their claim.
If a claimant claims UC after claiming ns-ESA but is still in the assessment phase then when they are put into the Support Group ADM F5052 explicitly states that the claimant still has to serve the full three month relevant period from the start of the UC claim. For a single claimant with no other children, housing costs etc this means that once they are paid ESA Support group they have no UC entitlement until the relevant period has been served and the LCWRA element is added (which is very unfair on the claimant).
I can’t remember whether in previous discussion we concluded that the ADM is arguably not in accordance with the regulations or whether it is correct.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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I think we both thought it was unfair and arguable as to whether the Regs have that effect!

https://www.rightsnet.org.uk/forums/viewthread/14723

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Total Posts: 958

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Thank you, Charles. I knew we’s discussed it before (you’re obviously better at finding things than me!). Until somebody takes a situation like this to a tribunal we are still in the position of having to live with the ADM interpretation.