Hi, my name is allenlane!

allenlane
allenlane Online Community Member Posts: 3 Listener
in Start here and say hello!
Hello all.
5 years ago I was diagnosed with cancer, 5 months of chemotherapy and 3 times admitted to hospital with complications from the chemotherapy. I now have 2 life threatening health issues that prevent me from working. Back in February 2021 my partner had a accident where she damaged ligaments in her pelvis, it has taken 2 years ,3 specialist ,5 mri's to get a proper diagnosis she is now in the same situation as I am not being able to work. We claim universal credit as a couple I receive LCWRA my partner also put in a claim for LCWRA she had a phone assessment the dwp denied her we went to tribunal with the claim she won. this process has taken 2 years. Over a period of 3 months now i have asked the DWP on 3 seperate post on my o line jurnal when my partner will receive her back payment and her LCWRA element. Finally I get a response ( you both can't claim LCWRA) NOBODY within the DWP or citizens advice told us that both of us couldn't claim LCWRA this has been an up hill struggle for both of us over the past years and to now receive this we are at our wit's end can anybody shed a light of hope on this situation.
Please excuse my grammar. 
Allen.

Comments

  • Sandy_123
    Sandy_123 Scope Member Posts: 61,032 Championing
    Hi @allenlane welcome to the forum sounds like you've both been through the mill over the years.
    As far as I'm aware LCWRA can only be paid to one person as a joint claim. We have members who know alot more about benefits  then i do who will post some light on it.  
  • poppy123456
    poppy123456 Online Community Member Posts: 64,079 Championing
    Sandy is correct when claiming UC as a couple you can only receive 1 LCWRA element per claim, you can't both receive the element. See link. https://www.turn2us.org.uk/get-support/information-for-your-situation/universal-credit-uc/additional-elements-of-universal-credit-uc#:~:text=If%20you%20are%20making%20a%20joint%20claim%20and%20you%20both,you%20will%20receive%20that%20element.
     What date exactly did your LCWRA claim start? If it was 5 years ago then unfortunately, that will be before your partners work capability assessment so no money will be owed. 

    Are either of you claiming either PIP daily living, DLA mid/high rate care or ADP daily living? If so then one of you can claim carers element, which will mean you're claiming your maximum UC entitlement with 1 carers element and 1 LCWRA element. 
  • Jimm_Scope
    Jimm_Scope Posts: 5,703 Scope Online Community Specialist
    Hi @allenlane, welcome to the community. As Sandy says it seems like you've both had an incredibly tough time. The benefits system is not easy to navigate, and I'm amazed neither of you were informed before now that you couldn't both receive LCWRA.

    As Poppy mentions, do either of you claim PIP or have any DLA claim at all? While LCWRA may not be an option there are other options.
  • allenlane
    allenlane Online Community Member Posts: 3 Listener
    I have tried twice now for pip and been refused although both my life threatening conditions are on there list of conditions you can claim for. the process is so demoralising. we are going to try again I'm sure it will end up at tribunal again but even a tribunal decision falls on deaf ears at the DWP.
  • Jimm_Scope
    Jimm_Scope Posts: 5,703 Scope Online Community Specialist
    They can't ignore a tribunal though @allenlane at least. Thankfully that one route exists and is binding on them. I would try for PIP again, get support from the getgo if you can. Have someone help fill out the application, someone be there with you during the assessment. I found just having my partner there made me more able to go through the process that is the assessment.

    I agree it's a demoralising and exhausting process, I do think that is partly by design sometimes. But keep at it.

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