Should we be getting LCWRA? — Scope | Disability forum
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.
Please read our updated community house rules and community guidelines.

Should we be getting LCWRA?

Options
johnsmith187
johnsmith187 Community member Posts: 71 Pioneering
Hello, myself and my wife have been claiming UC for around 5 years, when we had our first assessment, we told them about my wages and my wife being unable to work due to ill health. They told us we would both be in the 'light touch group' and therefore my wife wouldn't have to have any assessments to prove she was unable to work. On our claim we get housing, couples allowance and careers.
However I was having a chat with someone at my work the other day and him and his wife are somewhat in the same circumstances... No kids, works full time plus wife unable to work.. all except they also get LCWRA and a 'work allowance' he even showed me his statement and it's exactly like ours except for the added elements and obviously his claim is almost four times ours even though he earns slightly more.

Am I going crazy, have they applied his wrong or ours? I asked in a Facebook group and got mixed responses. Any light would be much appreciated!  

Comments

  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
    Options
    I see from a previous thread almost 6 years ago that you were advised on here that your wife needs to report her health condition, supported with a fit note. You were advised a few times about this. You also said at that time that someone at the job centre told you that because of your earnings your wife would be in the light touch group, which is correct but you were still advised a fit note would be needed to start the work capability assessment process off. Was there any reason then why she didn't do that?

    The reason why the person at work receives more than you is because their partner was found to have LCWRA after going through a work capability assessment. The work allowance is applied to a claim if you either have children on your claim or there's an award of either LCW or LCWRA on the claim. 

    I would advise your wife to log into her journal and click "report a change of circumstances" then click "health conditions" report it there and then provide a fit note within 7 days of that. She will then be referred for a work capability assessment, usually on day 29 after providing the fit note. She must make sure she continues to provide a fit note without any gaps until a decision is made on her claim. See link for more information. universal-credit-if-you-have-a-disability-or-health-condition

    Does your wife still claim daily living PIP? If so does your UC include the carers element for you? (assuming you care for her for at least 35 hours per week) 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • johnsmith187
    johnsmith187 Community member Posts: 71 Pioneering
    Options
    Thanks poppy, in answer to your questions.. 

    We did state my wife was unable to work, in the application, at the initial meeting and a few past meetings dealing with Ids ect, we also wrote on the journal several times that she was unable to work, however everytime we would offer to 'prove' this ie fit notes ect the advisor told us we didn't need to because we couldn't claim the lrcwa element while I was working.... so is that incorrect then? I feel like there is something very wrong here, are they allowed to tell you you are not entitled to an element when you are?

    And yes my wife has received full Pip both parts for several years now, she just got a ten year award, and yes the careers elements is because I career for her.

    Thank again
  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
    edited February 17
    Options
    Yes, I realise you were told that she didn’t need to provide fit notes but you were advised on here that they were incorrect to advise this. 

    Had she done that when you were advised all those years ago then things may have been different now. 

    It’s also not correct that she can’t be found to have LCWRA because you work. However, claiming PIP doesn’t automatically entitle her to LCWRA because they are totally different benefits. 

    All she can do now is report her health condition and provide those fit notes. She will then be referred for a work capability assessment and be sent the UC50 form to fill in and return. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • johnsmith187
    johnsmith187 Community member Posts: 71 Pioneering
    Options
    I was not advised on here that they were incorrect to advise this, I was given general advice about the procedure then when I mentioned I worked you yourself told me my wife was not entitled to the element...

    "The group the case worker was talking about is UC equivalent of ESA Support Group which is LCWRA BUT for those entitled to this they would first need to fill out a UC50 form and most likely have an assessment before a decision is made to decide whether this group applies to them. Whist waiting for this fit/sick notes would be needed from a GP. As i previously stated because you work then none of this applies to your wife, unfortunately. You have to support her on your income."


    Which is neither here nor there I'm just confused as to why you think I was advised this when I wasn't. 

    Also im not sure what I was suppose to do, after them telling me several times I was not entitled to the element was I suppose to say ' well I'm sorry but a group on the Internet said I am so tough! ' I was following my benefit advisors advice on benefits but somehow it's still my fault? I know I'm coming across as rude poppy and I sincerely apologise (for reference I do think you do wonderful work here and are probably some sort of angle for giving up so much time) I'm just frustrated that I've let my wife down hughly and it seems it could be all my fault.

    She has been on dialysis weekly for a few years now and that extra money could have provided her with extra support that she's had to go without. I feel rotton right now.

    I am going to ring them on money and get the ball rolling but I am also going to put in a complaint about being given the wrong advice, even if it does nothing other than let me vent to someone who gets paid to read it instead of volunteers giving up their time, again thanks many times poppy and have a great weekend. 
  • johnsmith187
    johnsmith187 Community member Posts: 71 Pioneering
    Options
    Angel! Oh dear that was a bad one. 
  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
    Options
    I've just had another read of that thread and I can see that there did seem to be some confusion, even with the advice I gave in one comment. After the advice about not being entitled I then advised this. 

    Well i'm totally confused and it seems like the person you spoke to is too. Your wife will not automatically be placed in the group LCWRA just because she receives PIP. PIP is completely different. She will be sent a UC50 form and need to produce fit notes, then she'll need to attend a face 2 face assessment (similar to PIP) after this assessment a report will be written out (like PIP) and a recommendation will be made by the assessment provider and this will either be fit for work, LCW or LCWRA. I can't help you anymore but i do wish you both good luck.

    It also seems like you knew she would need an assessment but the person you spoke to at the job centre advised you otherwise. 

    I'm certainly no angel, that's for sure. My benefits knowledge has improved a vast amount since 2018, especially where UC is concerned. 

    I'm not going to point fingers at anyone as there did seem to be a lot of confusion back then. You did seem to understand that she would need an assessment but again it's not your fault. As I'm sat here scratching my head but that's not going to help you now. 

    All I can advise right now is do you have proof maybe on your journal from way back then of the advice you were given from UC? If they knew your wife had a health condition then you could argue why she wasn't advised to provide fit notes. 

    Going forward then yes she definitely needs to report her health condition, supported by a fit note within 7 days of that. She must continue to provide them without any gaps until a decision is made on her work capability assessment. 

    I'm certainly not making excuses for myself and I can only apologise. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • johnsmith187
    johnsmith187 Community member Posts: 71 Pioneering
    Options
    Definitely no need to apologise and I appreciate all the help you have given to me and the countless others over many years.

    I've had a look over our journal and they don't ever mention what was said in the meeting, however I remember it (and luckily wrote a brief jist in the other thread) and we definitely mentioned the need for sick notes ect and they definitely advised not to bother with sick notes because we weren't entitled to the element, do you think they keep notes their end, I guess it doesn't matter because even if they do, they'll say they don't. Is there any one we can complain about uc to? I know there's no chance in h*ll for back dated money but I would like a complaint that will be taken seriously as least. 
  • johnsmith187
    johnsmith187 Community member Posts: 71 Pioneering
    Options
    But they definitely knew she had a health condition because we wrote it in the initial application form and answered yes to the are you unable to work because of health condition question. Plus the meeting we went to we had to set up before hand to have access to other building to use their lift because my wife can't do stairs well.
  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
    Options
    Thank you, I appreciate that! If I was you this is what I would do first, without delay! Log onto her journal and click report a change of circumstances, then click health condition and report them through there. Then you have 7 days to provide a fit note. Once you have this log onto her journal and "report a fit note." Around 29 days later (sometimes longer) she will be referred for a work capability assessment. (WCA)

    Once the referral is done she will receive a letter on her journal to tell her this. A few days later she will receive the UC50 form in the post. This will need to be filled in and returned with any supporting evidence. You can see that form here. https://assets.publishing.service.gov.uk/media/6554a35f371898000dd29710/uc50-interactive.pdf

    Please note, do not return that form before you receive the form in the post because if you do then the form will be ignored. It's the same form so you can start to fill that one in now to get ahead of yourself. (assuming you will be doing this on her behalf)

    You can see the descriptors for LCWRA here. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity#:~:text=LCWRA%20descriptors,reasonably%2C%20be%20worn%20or%20used.&text=(ii)%20repeatedly%20mobilise%2050%20metres,of%20significant%20discomfort%20or%20exhaustion.

    Now back to the advice you were given from UC all those years ago. As you reported her health condition at the same time you applied for UC then there should be a record of that on her journal. You should be able to look back through the application from when she first submitted her claim. Please check back through. If it states on this then make a formal complaint about the advice you were given, that no fit notes were needed because of your earnings. Had you been given the correct advice all those years ago then fit notes could have been provided and a work capability assessment could have been arranged. See link for complaints procedure. https://england.shelter.org.uk/housing_advice/benefits/how_to_complain_about_universal_credit 

    I would also contact your local MP and explain to them exactly what's happened and they should hopefully contact UC on your behalf. You will need to make sure you give your partners same and address for this. https://www.parliament.uk/get-involved/contact-an-mp-or-lord/contact-your-mp/

    I hope this helps! If you have any further questions or need and further help and advice please do just ask and I'll do my best to help or point you in the right direction. 

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • johnsmith187
    johnsmith187 Community member Posts: 71 Pioneering
    Options
    Thank you again for taking the time to lay this all out for me, I will definitely follow these steps, I've already done the first one and I didn't need to fill out the health conditions because they were already filled in when I followed the prompts. And yes I checked and our initial paperwork definitely had her health conditions on it, I will be sorting fitnotes on Monday and will spend some time over the next few days drafting a letter of complaint, writing to my mp is a possibility although a little daughting, I don't want to make waves and my wife would like us to just do the assessment without complaining but we will see, we shall have a talk. Thank you again so much for all the help, I will provide an update as and when anything happens. 
  • poppy123456
    poppy123456 Community member Posts: 54,237 Disability Gamechanger
    Options
    You're very welcome! As it was definitely reported then you really should consider putting in a complaint. Members do sometimes contact their local MP for support with benefits issues and very often when they do this DWP do get shifting on the problem. 

    Some years ago I contacted my local MP with an issue I had with one of my benefits and it was all sorted within 48 hours of the MP contacting them. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

Brightness

Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.