nav[aria-label="Primary Navigation"] { padding: 0; & ul { list-style: none; width: 100%; display: flex; flex-direction: row; justify-content: start; align-items: start; gap: 30px; padding: 0; & li { margin: 0; } & ul li { list-style: none; } } }

We want to hear from you: please tell us about your experience of the online community.

Are there any government sources that explains what happens when LCWRA is being reviewed?

Only1

I've seen elsewhere on this forum that, people can still receive their UC payment while their LCWRA is being reviewed. It seems that nobody has to worry about losing any UC benefits while their LCWRA is being reviewed.

That would be good news for me, because I want to live alone. However, someone keeps telling me that attempting to live alone( and pay rent) would resulting in triggering a review for my LCWRA; that someone has also asserted that my UC will be suspended while my LCWRA is being reviewed.

So before I make any moves, I'd like to know where I can find government sources that could confirm that I wouldn't have to worry about my UC being suspended while my LCWRA is being reviewed.

I'm asking because I have ADHD, so it's very difficult for me to do my own research. I need to see what government sources say before I make any attempt to live on my own. I'm not worried about my LCWRA status being reviewed. I'm just worried about anything else.

I really want to live on my own.

Find more posts tagged with

Comments

poppy123456

May I ask who has been giving you this information? it's not correct. In fact all the advice you've been given is totally wrong.

Please let me give you the correct advice. LCWRA is an ongoing award until a new decision says otherwise. It's doesn't just stop. When you are eventually reviewed, your money will continue as normal, UC is not suspended.

Living alone will not trigger a work capability assessment review and neither will claiming help with any rent through UC for the first time, or any time for that matter.

If you have liability to pay rent then you can claim for help with this through UC by reporting a change of circumstances and then click "where you live and what it costs" on there you will need to tell them how much your rent is and where you live. If you're privately renting you will need to provide proof of liability to pay rent such as tenancy or lodgers agreement.

If you live in social/council housing then you do not need to provide any proof because they will contact your landlord directly. You just need to give them the name of your landlord.

I can't provide you with any specific proof because it doesn't exist. Who ever gave you that advice needs to have a little more knowledge on UC before they advise anyone.

Only1

https://forum.scope.org.uk/discussion/comment/893264#Comment_893264

Thank you! The person who gave me the advice, is someone who wants me ensnared basically. They want me to stay inside of a place, where I'm constantly being abused and they want me to feel like I have limited options. They want to make me feel like I can't escape, without going homeless or something.

Thanks for the advice. However, I still think it's important for me to have access to some sort of quotes from government sources; they could help me greatly.

Also, the person in question helped me to fill out the questionnaire for the assessment. They made it look like I needed to live with another person, because they think that would make it for me to get he LCWRA quicker. However, I think I still have enough good evidence of my condition. Is that something I have to worry too much about?

I believe everything you say but, I just need quotes from government sources; they'll help me tremendously when revisiting this topic with family members.

poppy123456

That's a terrible situation to be in and I'm sorry to hear that. I'm afraid there's no Government sources that I know of for this. I've even looked through the UC regulations and I couldn't find anything.

Living alone in the future doesn't mean your health conditions will disappear, they will still be there, you'll just be living alone. Many people live alone after being awarded LCWRA and it doesn't affect their claim.

Same rules apply for PIP.

Only1

https://forum.scope.org.uk/discussion/comment/893287#Comment_893287

Thanks

honeyhoney

@Only1 & poppy … maby this ? (found on W&B website)

"Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 states that an ESA decision may be superseded if a Healthcare Professional has provided the decision maker with medical evidence.   In other words, a decision maker cannot remove the WRAG or Support Component unless a further WCA has taken place."

" Regulation 6(2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (for IR-ESA) and Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013 (for UC and New-Style ESA), both say that decisions on the WRAG/Support group for ESA and on the Limited Capability for Work/Work Related Activity in UC cannot be superseded - ie taken away - without evidence from a Healthcare Professional."

poppy123456

https://forum.scope.org.uk/discussion/comment/893318#Comment_893318

Thank you. That doesn't specifically say it's ongoing or indefinitely in those exact words but it does say it can't be taken away.

Do you have a link for that please? I looked under reg 26 of the UC regulations and I can't see it on there.

honeyhoney

I haven't link to the Regulations, just found it here: https://www.benefitsandwork.co.uk/kunena/10-dla-esa-queries-results/146589-esa-uc-migration

poppy123456

Thank you. B&W frustrate me sometimes because they rarely post links to confirm their advice. Where possible I usually post links.

Only1

https://forum.scope.org.uk/discussion/comment/893318#Comment_893318

Okay. So I've looked up these legislation on www.legislation.gov.uk. I think I’m having difficulties interpreting Regulation 6 (2)(r) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999. It seems that the regulation implies that a support allowance decision can only be superseded if by medical evidence by a professional. It does also say that the discussion can be superseded by the Secretary of State determining that the claimant “…is to be treated as having limited capability for work in accordance…”.

So if my interpretation is correct, it’s saying that the Secretary Of State can grant LCWRA status but, they wouldn’t take it away without medical evidence from a professional. If my interpretation isn’t correct, I linked the section below.

I also got to read Reg 26 of the Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013. I interpreted it as asserting that a support allowance decision can be superseded by evidence from a medical professional or another person approved by the Secretary of State. Probably I’m being pedantic but, I think my interpretation implies that a support allowance decision can be superseded by someone who isn’t necessarily a medical professional. I linked the section below.

So is my interpretation correct? Did I get anything wrong? Am I being overly pedantic? Please let me know. https://www.legislation.gov.uk/uksi/1999/991/regulation/6 https://www.legislation.gov.uk/uksi/2013/381/regulation/26

poppy123456

You're making this more complicated than what it is. Basically it's another way of saying that LCWRA is an ongoing award until a new decision says otherwise. There's no regulations that specifically tell you it's an ongoing award.

Adrian_Scope

Hi @Only1,

I'm so sorry to hear about what you're going through. It's important to know that you have options and support available and I appreciate the importance of having solid information to support you on this. I hope Poppy's information has been useful.

Regarding feeling ensnared and controlled, it's really important that you seek help. Women's Aid (0808 2000 247) offers confidential support for those in abusive situations. Refuge is another organization that can help you create a safety plan and find a way out.

If you ever feel unsafe, please don't hesitate to contact these organizations. Your safety and well-being are the most important things.