Universal Credit tribunal help needed

RobMc

Hi all

Earlier this year, I applied to University. As a recipient of Universal Credit, I did all the research that I could into what I was eligible for and what I wasn't. During my research, I found that I was eligible for UC only if I was in receipt of PIP and was classed as LCWRA before the beginning of my degree (which I have been in receipt of both since 2019. Doing my due dilligence, I checked multiple sources and even asked staff at my local Jobcentre if this was the case and every source told me that I was correct but would be deducted UC based on an algorithm that takes my Student Finance into account, divides it by the number of assessment periods in the academic year and then discount £110 a month from that total.

Fast forward to the beginning of September and I have a phone call with Jobcentre to check how the beginning of my course is going and to give them an updated date of the end of year. Later that day, I got a journal update letting me know I'd stopped being awarded UC due to being in full time education. Naturally, I rang the DWP and stated my case and asked for a mandatory reconsideration which they entered for me. I recently got the results back from that Mandatory Reconsideration to find they'd rejected it.

The reason for rejection was stated that, due to my claim being from before 15th December 2021, I needed to have been found to have LCWRA from before I was on UC. Thing is, I can't find evidence of this anywhere online (and I've looked) and my LCWRA claim was done at the same time as my move onto UC (some 5 years ago). The only things I can find at all state that my LCWRA claim needed to be from before the course start date, not from before I was on UC.

I've lodged my appeal with tribunal and am currently waiting for the DWP to acknowledge my appeal with the tribunal.

Does anyone have any insight to this? I'm second guessing myself with it all and, although im 90% sure I'm right, any info would be golden. I will be going to CAB in the following days as well to check with them

Also, if the tribunal rule in my favour, will they backdate me the full rate and then instruct the DWP to put me on the reduced rate or will they backdate me once the rate I shouldve been on while at Uni is worked out?

Any more info needed, dont hesitate to ask me

Thanks guys!

Rob

poppy123456

When you claimed UC did you transfer from ESA and were in the Support Group? If not then you couldn't have been found to have LCWRA before you claimed UC. A PIP award doesn't automatically entitled you to LCWRA and you would have needed to go through a work capability assessment for this.

Details here. https://www.disabilityrightsuk.org/news/2021/november/new-rules-tighten-exclusion-disabled-students-universal-credit

RobMc

Hi Poppy

I don't think I did transfer from ESA, if I remember correctly, I transferred.from JSA and started my claim for PIP at the same rough time as I was providing sick notes for a little bit beforehand. I did have a WCA not long after I was awarded PIP and was placed in LCWRA.

My point is that this is all WAY before the start of my course (which is my understanding of the law on this). I can't find anywhere that the law says I had to have been classified as LCWRA before I claimed UC

Thanks

Rob

poppy123456

The law didn't change until 2021 anyway and you said you claimed UC before that. The reason i asked if you transferred from ESA was because i couldn't see anywhere that you mentioned going through the WCA. Only that the LCWRA was done "at the same time you claimed UC" which couldn't have been possible in the way you suggested.

Based on the information you gave i think they are incorrect to stop your UC but i would get some expert advice before going any further. If you do challenge the decision they you will receive any money that's owed. There will still be a deduction for your maintenance loan as normal but you will be owed any extra on top.

RobMc

Hi Poppy

Thanks for the quick response

That's what I thought, I'm glad someone else sees my point on this and I'm not going insane.

Would they backpay me the full rate of UC that I was on before I started Uni (as when I spoke to them I didn't have an end date for the academic year and won't for a few days as our timetables are release each semester) or would they make me wait while the reduced rate is worked out then backpay me? 

Would CAB be expert enough for this situation? 

Thanks

Rob

poppy123456

They won’t pay what is owed until your past statements have been either recalculated or produced. 

You won’t receive the full amount because of the deductions for your student loan. 

RobMc

Short Update

DWP have responded to my appeal and, apparently it is due to the fact that my LCWRA prognosis date elapsed in 2020. However, they havent ever scheduled a review with me and I can prove that I have been receiving LCWRA payments up to, and including, the last payment I received from DWP. From what im seeing, LCWRA is an indefinite award with review dates. Due to Covid-19, I never had one and they never contacted me for one, they've just been continually paying me LCWRA. Is my thinking true that, since they havent reassessed me, that my LCWRA never actuallu ended?

Thanks all

Rob

poppy123456

You are correct and LCWRA is an ongoing award until a new decision says otherwise. The only other time it would end would be if your UC claim closed for more than 6 months.