× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

WCA failure and being a carer

JojoMitchell
forum member

Disability Law Service, London

Send message

Total Posts: 293

Joined: 10 July 2017

Hello

Apologies if this has been asked before.  A client is married and both she and her husband get PIP and she gets CA for caring for him.  Their UC therefore includes LCWRA (him) and carers element for her. 

She requested a MR in August 2021 and can you believe finally received a decision last month stating the MR had not changed the original decision and she was fit for work.

My question is, as a carer she does not need to look for work etc and as her husband gets LCWRA financially they would be no better off appealing the WCA MR decision so is there any point?  Her husband has an ongoing PIP award (ERDL & Mob) so hoepfully unlikely to fail a future WCA and her CA is secure.  The client doesn’t want to appeal but wanted to check if there was any benefit if she did.

Thanks as always

WillH
forum member

Locum adviser - CPAG in Scotland

Send message

Total Posts: 370

Joined: 17 June 2010

Hi - like you say there’s no immediate benefit, no extra money & she already doesn’t have to look for work.

I’d be considering whether it is worth challenging though just in case something were to happen to her partner, or they were to split up - it can be useful for her to have underlying LCW/LCWRA status in that case.