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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

LCW and working over 16 hours per week

Uncleduff
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Generalist Adviser - Pennine West Citizens Advice

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Hi,

Can someone give me a quick answer-if a client is getting PIP and has LCW under UC, can they still have LCW status and work over 16 hours per week at National minimum wage?  My understanding is that it will trigger a new WCA, but they could still be found to have LCW, is that correct? whereas under ESA working more than 16 hours per week at NMW would end the claim.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Yes, pretty much.

You can work 16+ hours on UC and still have LCW if you get PIP, AFIP, etc., or are treated as having LCW for reasons such as terminal illness, undergoing chemo, etc. I don’t think that it necessarily triggers a new WCA but DWP may decide to make you undergo one.

The 16 x NMW earnings threshold prevents a WCA taking place in UC, unless you get PIP, treated as etc., or you have previously passed a WCA under UC/NS ESA.

Working 16 hours (not more than 16 hours) will end entitlement to ESA.

See https://cpag.org.uk/welfare-rights/resources/article/uc-and-wca-%E2%80%93-some-questions-and-answers  for a fuller explanation.

[ Edited: 16 Dec 2021 at 08:52 am by BC Welfare Rights ]
Uncleduff
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Generalist Adviser - Pennine West Citizens Advice

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Total Posts: 16

Joined: 13 March 2019

Many thanks for the reply and the information, that is helpful.

NAI
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Unclaimed Benefits Campaign, Middlesbrough CAB

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This thread was very interesting to me as it mirrors something I have just dealt with.

The client applied for PIP. PIP decision was no award but an MR has been lodged by one of my colleagues.

Client is working 20 hours per week and her earnings exceed the threshold (Reg 41 UC Regs 2013) and she has never had LCW/LCWRA. She had a UC-50 that she had requested on her journal - it was printed by someone in a DWP office and had no return date, envelope of return address. The client can’t remember why she asked for it. Subsequent journal entries where she asked for an address to return the UC-50 to give her the usual address (Health and Disability assessments).

I advised her that she cannot have a WCA because Regulation 41 UC Regs 2013 prevents it CURRENTLY. I rang UC they said that they didn’t know what she had been sent the UC-50 but that it does not need to be returned (It’s okay, I have the date/time, name, and call centre).

So what happens if she is subsequently awarded PIP in response to the MR or an appeal?

Anytime revision and a retrospective UC-50?

[ Edited: 16 Dec 2021 at 10:35 pm by NAI ]
NAI
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Unclaimed Benefits Campaign, Middlesbrough CAB

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NAI - 16 December 2021 04:15 PM

This thread was very interesting to me as it mirrors something I have just dealt with.

The client applied for PIP. PIP decision was no award but an MR has been lodged by one of my colleagues.

Client is working 20 hours per week and her earnings exceed the threshold (Reg 41 UC Regs 2013) and she has never had LCW/LCWRA. She had a UC-50 that she had requested on her journal - it was printed by someone in a DWP office and had no return date, envelope of return address. The client can’t remember why she asked for it. Subsequent journal entries where she asked for an address to return the UC-50 to give her the usual address (Health and Disability assessments).

I advised her that she cannot have a WCA because Regulation 41 UC Regs 2013 prevents it CURRENTLY. I rang UC they said that they didn’t know what she had been sent the UC-50 but that it does not need to be returned (It’s okay, I have the date/time, name, and call centre).

So what happens if she is subsequently awarded PIP in response to the MR or an appeal?

Anytime revision and a retrospective UC-50?

Has anyone got any advice regarding this?