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Lvwra

kay14

Hi universal put me in lwc but I don’t have to look for work or do work related activities, when I questioned them they said it was because of my partners earning surly if I pass the points test I should get lcwra , I currently get no money what so ever apart from child benefit, there is nothing I can claim whilst on sick with mental health and osteoarthritis stage 4

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poppy123456

The reason you have no commitments will be because of your partners earnings. Points are nothing to do with LCWRA, this is for LCW.

I remember advising you on your previous thread that you can request the MR for the WCA decision, did you do this?

Unfortunately as you live with a partner then UC entitlement will be based on your joint circumstances.

kay14

Thanks I have citizen advice phoning me tomorrow to start the process I used to get more money off them while I was working just doesn’t seem fair and claiming carers

poppy123456

Were you claiming carers allowance or carers element of UC? I advised on your other thread regarding this but you never made it clear if it was carers allowance you were actually claiming as well as Universal credit.

If it was carers allowance, were you still claiming this when your grandad passed away?

poppy123456

Just to add, if it was definitely carers allowance you were claiming when he passed away then have another look at the advice I gave on your other thread here about New style ESA https://forum.scope.org.uk/discussion/107909/lcwra#latest

kay14

Yes it was carers allowance but I stopped 5 weeks before he died as he went in a home x

poppy123456

To be entitled to payments from New style ESA you will need the correct NI contributions. I copied my comment from the other thread here. Please take note of the part in bold.

You won't be entitled to New style ESA from just the NI credits from carers allowance alone. Normally to claim New style ESA you would need to have NI contributions or credits for the two tax years mentioned above and in one of these years you need to have actually paid contributions equivalent to at least 26 weeks in one of these years.

However as you were in receipt of Carer’s Allowance in any week in the years 2021/22 the second contribution condition is relaxed so that you will need to have to have paid (or treated as having paid) 26 weeks (class 1 (or 2 if self employed) in any one tax year of your life.

You can see the conditions here. https://www.entitledto.co.uk/help/employment-and-support-allowance-contribution-based

Whether you’re entitled will depend on how long you’ve worked and how much you’ve earned in the past. DWP often get this rule incorrect.

kay14

Thank I never paid any ni because I didn’t earn enough with getting carers x

poppy123456

If your earnings were at least the lower earnings limit then you will be treated as having paid the NI. The LEL was £120/week in 2020/21/22 but would have been slightly less than this in previous years.

You can check your NI record here https://www.gov.uk/check-national-insurance-record you will need to have worked and paid or treated as having paid class 1 if you were PAYE for at least 26 weeks in any one tax year in your life. If you were self employed you will need to have paid class 2.

May I also asked if you’ve used a benefits calculator to check if there’s any entitlement to UC even if you were found to have LCWRA? There maybe. I entitled even with that extra money.

As you’re living with a partner that works then it will depend on their earnings received each month. You can do a calculation here https://www.entitledto.co.uk/benefits-calculator

I’d advise you to tick the box where it asks if you have limited capability for work related activity. It will then do the calculation with this element included.

kay14

I’ve got no gaps in my ni but I have never paid ni at all because of having children I have 4 lol then started caring with a job where I didn’t earn enough. Thanks I will do the calculator 😊

poppy123456

No gaps doesn't mean you have the correct NI contributions. You receive NI credits from child benefit up until your youngest child reaches 12 but these are towards your state pension only.

When you were working if your earnings were below the lower earnings limit then there would have been no NI contributions.

Based on everything you've said i don't think there will be any entitlement to New style ESA.

kay14

I thought so , just don’t get that there is nothing to claim while my Health is sorted 🤷‍♂️

poppy123456

I see from another thread that you're waiting for a PIP Tribunal. Apart from that unfortunately, UC has replaced all other benefits and because it's means tested you need to claim with your partner because you're living together. Entitlement will be based on your joint circumstances which takes into consideration their earnings.

Did you use the benefits calculator and put in LCWRA element as i advised? Did it show any entitlement if you were found to have this?

For New Style ESA it's based on NI contributions and because you don't have the correct amount you don't qualify for payments for that.

kay14

Yes I did it just said I was entitled to universal credit and to apply for pip I just hope the tribunal is not too far away as I don’t know how we will cope the system is dreadful x

kay14

877 with out when I add it it’s 1094 a month x

poppy123456

That's good it shows some entitlement. However, if found to have LCWRA then this will increase your maximum UC entitlement by £390.06/month.

kay14 said:

877 with out when I add it it’s 1094 a month x

As you were also claiming carers allowance, this amount will have been deducted in full from any UC entitlement at the time. As you're no longer claiming it there should be no further deductions for this. You need to make sure you check your statement when you receive your next one.

kay14 said:

Yes I did it just said I was entitled to universal credit and to apply for pip I just hope the tribunal is not too far away as I don’t know how we will cope the system is dreadful x

Unfortunately, it's how means tested benefits work. It doesn't take into consideration any bills you have to pay.