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LCLWRA/ESA

ajhearne

Hello; after handing in first Fit Note in June 2020 and handing in papers for tribunal mid October 2021 I won my appeal at tribunal; I got substantial risk and and 30 points LCW but the substantial risk triggered LCWRA because of my mental health from depression at work.

Thanks to everybody for supporting me.

a) I assume now as I had Fit Notes June 2020 this in simple terms is just the support component on backdating terms.

b) I had to open UC in May 2021 after twelve months lapsed on ESA

c) I assume UC won't backdate to June 2020 only from when opened UC

d) I had Carer Element applied as I had to care for my mother for a while and still do; will they take all the Carer Element all off immediately?

Many thanks

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Comments

calcotti

a) For ESA it would be Support Group component added from 14th week of claim.
b) The ESA will now then continue beyond the 12 months and now be ongoing. However the ESA arrears will have to be deducted from their UC paid since then.
c) The LCWRA element should now be applied from the start of the UC claim.
d) The carer element will be removed because you cannot get both and the carer element arrears will be offset against the LCWRA arrears.

If you will now also be entitled to a Working Allowance which means that if you have any earned income some of this will be ignored.

ajhearne

Ok thanks, so do you mean expect the difference back from LCWRA and Carer Element in backpay from July 2021 minus the three months of LCWRA given the three month wait period handing in Fit Notes?

I opened UC in May 2021 I just wasn't sure LCWRA be from September 2021?

calcotti

ajhearne said:

Ok thanks, so do you mean expect the difference back from LCWRA and Carer Element in backpay from July 2021 minus the three months of LCWRA given the three month wait period handing in Fit Notes?

Your maximum UC amount will increase from the day you started your UC claim by adding the LCWRA element and removing the carer element. Provided there is no gap between ESA and UC there is no waiting period for LCWRA because you were in ESA Support Group at the start of the UC.

You should now be paid ESA fortnightly backdated to the day your ESA ended but all ESA payments will be deducted from the UC payments.

It is likely that you will be paid ESA arrears while will mean that UC has very overpaid between UC will have to recover by making debt repayment deductions from future payments (unless you arrange with them to pay any overpayment off in full using the ESA arrears payment).

ajhearne

Thanks appreciate it, quite a lot to take in but I think I can see what you mean I will keep my Fit Notes and that. I will see how it all goes. Just been a bit daunting.

ajhearne

Sorry not sure what you mean by paid ESA arrears do you mean what would have had from ESA in July 2021 after the twelve months to June 2023? or just the the Support Group arrears you mentioned earlier. I had Carers Allowance July 2021 to present but that is less than ESA I guess.

calcotti

ajhearne said:

Sorry not sure what you mean by paid ESA arrears do you mean what would have had from ESA in July 2021 after the twelve months to June 2023? or just the the Support Group arrears you mentioned earlier. I had Carers Allowance July 2021 to present but that is less than ESA I guess.

You will get paid the full ESA amount inclusive of Support Group from the date your ESA was previously stopped because your ESA now no longer has an end date (until you reach pension age). Any Carers Allowance will be deducted from the ESA. (I didn't know you were getting Carers Allowance, you have only mentioned carer element of UC previously.)

ajhearne

So in what you mean is:

a) £39.20x4 from September 2020 to July 2021

b) £74.70 plus £39.40 from July 2021 to May 2023

c) £84.80 plus £44.70 from June 2023

d) LCWRA from June 2021

Thanks again for the explanation it's been a bit overwhelming.

calcotti

ajhearne said:

So in what you mean is:

a) £39.20x4 from September 2020 to July 2021
b) £74.70 plus £39.40 from July 2021 to May 2023
c) £84.80 plus £44.70 from June 2023
d) LCWRA from June 2021

Thanks again for the explanation it's been a bit overwhelming.

And carer element of UC will be removed from June 2021.

The ESA uprating amounts take place in each April so your dates are out for when amounts amount but the idea is correct.

However I don't get why you have said £39.20 x 4?

ajhearne

However I don't get why you have said £39.20 x 4?

Sorry about that, I did it that way because I had assessment rate from 3 July 2020 to 2 July 2021.

calcotti

ajhearne said:

However I don't get why you have said £39.20 x 4?

Sorry about that, I did it that way because I had assessment rate from 3 July 2020 to 2 July 2021.

I still don't understand where the 'x4' comes from (not that it matters). The Support Group component will be payable, as you indicate, from Sept 2020 to July 2021 which isn't 4 of anything (that I can think of).

ajhearne

Ah right ok I was doing per weekly basis for each month so I did Support Group minus Assessment rate so say if it was September 2020 I did minus the Assessment rate then each week in the month so there are four weeks in September for example so September 2020 to make it £156.80. It's all a lot to think about but thank you for clarifying be the full rate/support minus the Carers Allowance plus that from 2021.

calcotti

ajhearne said: It's all a lot to think about but thank you for clarifying be the full rate/support minus the Carers Allowance plus that from 2021.

I said that the carer element will be removed from your UC because the LCWRA will be added and you can’t get both.
Carer’s Allowance is a different benefit. It cannot be paid at the same time as new style ESA so the ESA entitlement now replaces the CA.

calcotti

It I understand your narrative you got ESA at the assessment rate from June 2020 to June 2021. You have been receiving UC since June 2021 which includes the carer element (but the UC has been reduced by the amount of Carers Allowance which you have also been receiving.

The position now is that your benefit entitlement is:
ESA at the assessment rate from June 2020 to September 2020. After that you are entitled to ESA to include the Support Group component which is now an ongoing award.
You have no entitlement to be paid Carer’s Allowance (because ESA is paid).
Your UC from June 2021 should include the LCWRA element but not the carer element. The amount due will be reduced by the ESA payable.

DWP may be able to work out arrears of ESA taking into account the CA already paid and offset the figures.

For UC they will need to work out the underpayment of UC but I think it unlikely they will offset any arrears of ESA and will therefore overpay arrears of UC and will then need to recover it.

ajhearne

Pleased to say had a polite courtesy matter from ESA saying they will sort it for me.

I have been told the Carers Allowance will remain open just not paid. Is that normal? Told I'll get letters still etc.

Thanks for explaining it all and preparation to know what to expect it's been very overwhelming. I donated to Scope as a thank you from their Ebay store.

I just wondered, as I got Carers Allowance on 19 June; my letter was dated for decision on 2 June, they made contact 19 June, I know ESA now goes to a Friday and arrears paid seperately, I wondered when in your opinion do you think I'd get first ESA proper payment please?

Thanks again.

calcotti

ajhearne said:

I have been told the Carers Allowance will remain open just not paid. Is that normal?

You will retain an 'underlying entitlement' to CA even though it is not paid (along as you still meet the qualifying conditions for CA). It is important because an 'underlying entitlement' means that you still qualify for any 'carer premiums' applicable to any other benefits you may claim - such as Council Tax Reduction.

ajhearne

Oh right ok thanks, I know it offered free Flu Jabs would that still be the matter here or only if it's been paid? My mother has very bad asthma and immune system but not sure as it was just open etc that still be a good eligibility reason for the free NHS jab? Thanks again

poppy123456

You don't need to be in receipt of carers allowance to be entitled to the flu jab, you will just need to speak to your GP surgery.

calcotti

The letter from DWP will confirm the 'underlying entitlement to CA which will confirm that she is a carer (should evidence be needed).

ajhearne

Ok thanks.

I don't understand this offsetting you're referring to are you saying basically whatever have left from my UC entitlement it'll be difference from that sorry just been bit confused.

Say for example the benefit calculator with LCWRA and NS ESA would be because of my capital £88 are you saying UC say if the ESA Arrears be as recovered, they'll take £40 or so a month off leaving me with £48 UC I was getting £113.27 with Carers Allowance but understand as ESA higher be less UC back but give you those examples; but trying to make sense of the offset terms, I understand that Carers Allowance has been deducted from ESA backpayment.

or will in terms of LCWRA backpayment will be less or none at all given such a big overpayment from ESA from June 2021 or would it be May 2021 as I opened 17 May 2021 as my assessment periods 17 to 16th.

Thanks sorry about that.

ajhearne

Some movement ESA sorted it and that done so will see when get first payment, do you think be 30 June.? Would you expect say £40 of it to be off as income on UC from July? Thanks very sorry for over complicating things since 2018 been on UC not been explained things and then lockdown etc.