How Is LCWRA Worked Out

GJT1

Im unemployed but awaiting a decision on UC, I used to receive ESA (support group),and Severe disability premium, but lost all these benefits when i married and my wife started work.

My question is, Im epileptic with very bad memory problems, but I can work a full time job with obvious difficulties.

I cant supply UC fit notes but surely i deserve LCWRA

poppy123456

I see from your previous thread that this is a recent new claim for UC. See thread here.

https://forum.scope.org.uk/discussion/119510/sickness-reclaiming-benefits

What's the reason you can't supply fit notes? (formally known as sick notes) It's not about deserving LCWRA, it's about being entitled to it and for this you need to go through the work capability assessment. If you don't report your health condition and provide a fit note then you won't be referred for the WCA.

Whether there's any entitlement to UC will depend on your joint circumstances with your partner. I also see that your partner has No Recourse to Public funds (NRPF) so you wouldn't receive any extra money for them but your claim will still be based on your joint circumstances. Did they tell them their immigration status when they filled out the form?

If you don't have any children on your claim then you won't be entitled to the work allowance. If you go through the WCA and are found to have either LCW/LCWRA then you'll have the work allowance. This means a certain amount of money that you or your partner earns will be ignored before the 55% reduction applies.

If you've also claimed New style JSA as well then this will be deducted in full from any UC entitlement. However, if you've only been working a short amount of time then it's unlikely you would qualify for JSA because this is based on your NI contributions in tax years 2021/22 and 2022/23.

You won't know if there's any entitlement to UC until you receive your first statement which is about 1 month after you submitted your claim.

GJT1

It's not that i can't supply fit notes i've never had to in all the time i've been on ESA i've had a very serious head injury in a car crash which sent me to rehabilitation for brain injury's for 4 years as an inpatient. Going to work is difficult and challenging and now i'm unemployed i don't need a fit note because im not sick as such but memory is challenging.

poppy123456

The issue is that if you don’t provide fit notes you can’t go through the work capability assessment. You will not automatically be entitled to the LCWRA element.

Of course you don’t have to provide a fit note but you’ll be treated as a job seeker. Not only that, if you have no children on your claim then there will be no entitlement to the work allowance without going through the work capability assessment and being found to have LCW or LCWRA. There may also not be any entitlement to UC but that will depend on your partners earnings.

GJT1

This is the most recent note from UC

Hello Gary, Your health condition will be discussed and considered in your initial appointments.

I am due to hear on the 26th Aug what I will be paid

poppy123456

My advice remains the same. If your health condition limits your capability to work then you'll should provide a fit note. If you have no children on your claim then you will not benefit from the work allowance without going through the work capability assessment first.

GJT1

Poppy, I totally get what your saying, my only issue that I have is that I with my health condition if that's what everyone wishes to term everything, is that mine is somewhat one of those disabilities that don't stop me from working, but once I'm working at any job, it becomes apparent that I suffer memory issues causing me to make silly mistakes and can take slightly longer to absorb the information. This is always declared up front, before any interview. So as I said I am off work at present how do I get a sick note explaining this?

poppy123456

It's no longer known as a sick note. It's a statement of fitness to work, known as a "fit note." They do not have to state you're unfit to work. If you have a diagnosis, you can put that, or put the reason you're off work at the moment.

You're clearly unable to work at the moment because if you were able to you wouldn't be off sick. I see from a previous thread that you're providing fit notes for your employer so you can use the same fit note, if you still have it and providing it's in date.

When you were claiming ESA before that ended, if there was entitlement to UC you could have taken my advice and claimed UC because you would have been entitled to the work allowance and there may have been some entitlement. As you were in the Support Group you would have been entitled to the LCWRA element from the start of your claim at that time. As your ESA ended that no longer applies.

There's some information about fit notes here.

https://www.gov.uk/government/publications/the-fit-note-a-guide-for-patients-and-employees/the-fit-note-guidance-for-patients-and-employees

GJT1

They (uc), have left this exact comment as the last entry on my journal.

"Hello Gary, Your health condition will be discussed and considered in your initial appointments"

Also under the what happens next section it says

"On 26th Aug 2024 we will tell you how much you are going to get.

You will be paid any money you are entitled to before 8pm on 30th Aug 2024"

poppy123456

That will be a work focused interview, perfectly normal when claiming UC.

With payment date being 30th of every month your assessment periods will be 24th to 23 or every month. You wont know if there’s any entitlement until you receive your statement, which will be around about 26th, can be earlier.

GJT1

Thanks for explanation, I spoke to UC on the telephone and a very helpful man suggested i ask for a UC50 form via my Universal Credit journal on his advice. I received this document which I've electronically filed out, how do I send it back?

poppy123456

No problem. May I ask who gave you that advice? Was it the helpline? How did you receive the UC50 form?

You can't just fill out that form and return it without being referred for the WCA because if you do then it will be ignored. They will not action that form without a referral because they are not allowed to do that.

You need to do as I advised a few times and report your health condition, provided by a fit note.

Once you've done that usually from day 29 of your claim you will be referred. Once a referral is done you will receive a letter on your journal telling you that you've been referred. A few days later you will receive the form in the post.

You can then use the form online, fill it out, download it and post it to the assessment providers.

GJT1

Yes the helpline did, then a man called Ian from St Austel Centre came back via the journal on my account on UC and sent me the UC50 in pdf format and said I could complete.

poppy123456

That person from the service centre should have known better than to send you the link to download the form because it doesn't work like that.

Then again I'm not really surprised given the really awful advice they have a habit of giving to so many people. There really is no words to describe how frustrated it makes me feel when I hear of some of the advice they give. UC was introduced more than 10 years ago and there's no excuses for the amount of incorrect advice they give.

Sorry, I'm not angry at you, I'm angry at them.

GJT1

Ok I will take care of this now , im very unhappy.

But youve been great as usual.

Thanks

GJT1

Poppy, after they worked out my earnings from last month and my wifes also, my new UC claim paid me £3.00

poppy123456

If you're no longer receiving any earnings, including SSP then your UC will increase next month because only your wife's earnings will be taken into consideration.

Did you report your health condition and provide a fit note?

GJT1

Yes Poppy my only income now is my PIP £405.40

They paid me standard UC £393.45

Housing - £595

Total - £988.45

Deductions - £985.09

As regards fit note and I 100% understand you and have been taking note of your comments, but ive been away for the last week stuck in a hotel training for a new job. This job is pending passing exams from the training.

Jimm_Scope

Hey @GJT1, were those deductions mostly due to your wife's earnings? I hope you are able to sort out a fit note that explains how your conditions affect you, hopefully then you can get on LCWRA.

Best of luck with passing those exams! Let us know how you get on.

GJT1

yes Jim,

Mainly my wifes earnings, but also my last paycheck from previous employer.

They still are constantly asking for 'Fit Note' which I totally get why they are asking for it, but I am not off sick.

Yet I struggle at work everytime due to prior head injuries which resulted in epilepsy.

Ive spent the lastweek training as you know, soin order to be considered for lcwra i need a fit note, I really am stuck on this.

Biblioklept

Fit notes aren't just about being off sick, they're also for people who work is more difficult for or need adjustments for work @GJT1. I had fit notes from the doctor while still working full time ❤️