Awarded LCWRA and rewarded by LOSING almost £200 a month from UC
So covered under transitional protection, wife and I care for each other, all good there, we both got carers element and payments steady. Persuaded to apply for LCWRA and both of us were classified as coming under it (though aware we would only get one element).
Login to check our payment to make sure its been applied and find that we have been docked almost £200 a month, they added the LCWRA, removed it from transitional protection and then also removed one carers element.
So appears by trying to tick all the boxes we have been well and truly played for fools by the DWP as at no point was it mentioned that this was likely to happen. If the banks tried this it would be a media scandal but since its the DWP, well that's all fine and rosy it seems…
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So frankly right now i'm spitting feathers and more than a little stressed at knowing we are down £50 a week…
really not what I need when dealing with severe anxiety and C-PTSD, really don't need this, can feel my anxiety level going ballistic.
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Yes, the same person can't receive both carers element and LCWRA element at the same time. In this case the higher element will be paid, which is the LCWRA element.
May I ask how much your TP was before the LCWRA element was included? The reason I'm asking is because it doesn't really make sense that you're now £200/month worse off. You shouldn't be worse off, at worst you would be no better off.
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Thats what I said to them, but as yet they haven't responded to that point
£745.58 is what it was
This month is
Limited capability for work and work-related activity
£416.19
Transitional protection
£329.39
Your transitional protection payments have been decreased.
This is because you are now being paid more Universal Credit.
HOWEVER they have taken off 1 carers element on top of this rather than lcwra - carers element and then offsetting that against the transitional payment. its thrown me into a rather foul mood as this feels more than a tad orwellian or kafkaesque
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I agree with you and that doesn't sound correct. What they should have done was taken the difference from carers element and LCWRA and the reduce your TP by that amount.
For instance.. £416.19 - £198.31 = £217.88 and your TP should have reduced by that amount. That would make your TP £527.70 instead of the higher amount you were previously receiving.
I would immediately request the Mandatory Reconsideration. (MR) On the decision to reduce your TP by the full amount of LCWRA element. You can do this on your journal. A case manager will then see it and pass it onto a decision maker.
I would appreciate it if you come back with an update once a decision is made on that, if you can please.
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Poppy
Thank you for this, I've noted this in my journal and requested a mandatory reconsideration.
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I have yet to have my first UC payment . I will be entitled to TP and will be entitled to carers element. spoke with citizens advice who told me prior to claiming and was told if I claim Lwcra after my first Uc payment due to it being a change I’d lose TP.
Have you already received any payment or is this the first payment you will get.
I maybe totally wrong as Uc is a minefield but it kinda spells out to me what citizens advice told me. Hoping in your case that’s not the issue. Hope you get some answers.
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That's not correct in this case because the TP was more than £700/month and the difference between carers element and LCWRA element was not as much as what they reduced their TP by. Please see my detailed calculation above.
In some cases yes the addition of the LCWRA element can erode TP completely but it will depend on how much the TP is. Same applies to any additional elements you become entitled to after the first assessment period.
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Got it, just re read it all and what you say now makes sense.
I chose my user name for a reason 🤣.
It also nice to know a change won’t cancel any Tp which is what citizens advice led me to believe or maybe it’s how I took it.
Either way knowledge is power and I’m learning as I go.
fingers crossed they get the mess sorted out0 -
Haha, I just realised what your username is 😂
Well, a change can cancel the TP, (although not in this case, as I advised) such as moving from a joint to single or single to joint claim, or where a claimant has received earnings of more than the Administrative earnings Threshold (AET) in the first assessment period and then drops below it for the next 3 assessment periods.
UC is complicated and does sometimes give me a big headache. 😑😂
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Update: met with deafening silence from UC thus far, which is unusual as usually they answer either at start or end of day at a minimum and often more frequently. Which makes me wonder if they are ignoring it and trying to run out a clock or just hoping i give up and go away - the us insurer playbook of delay, deny, defend at work?
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Update: after hounding them weekly and finally asking when this could be escalated, they have done the mandatory reconsideration and………….in a tldr format decided that they were in their original decision and implied strongly that I am both wrong and stupid because I don't seem to understand that universal credit works different to legacy benefits and I'm still better off than what I would have been without the transitional protection so I should be grateful and not wasting their time asking for a mandatory reconsideration.
So now I need help with first tier tribunal, which after prior dealings with a tribunal (where despite DWP saying it would be informal, I was asked to name where in the law I was basing my view off of and of course not being a lawyer and being deer in the headlights, I lost and then DWP chased me for £1500 in ESA they decided I was overpaid, so I paid it and swore off contact with the DWP for over a decade due to the foul taste it left in my mouth) I am now royally feeling anxious and agitated in the extreme, not to mention feeling **** off and akin to having gotten a slap in the face and gas lit…
All the people who thought a new govt would be any better….if anything they are worse than ever as they seem to be giving DWP whatever they want….
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I was hoping you would return because I couldn't find your thread to leave another comment last week. I'm afraid UC are correct here and it appears that I was actually wrong. I do apologise!
It's in the regulations that when you become entitled to another element it reduces your Transitional Protection by the same amount as that extra element, in this case the LCWRA element. As the same person can't receive the carers element at the same time then the carers element also stops.
There is an upper Tribunal hearing about this exact same thing that's due to be heard on 30th October 2024. For this reason I'd advise you to continue with the Tribunal request because if the case wins you'll be owed some money in the future.
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Honestly it seems like total bs given i applied for it WITH my UC application. So seems heads they win, tails I lose as if I hadn't applied for it then "withheld information claim denied" or fit for work no restrictions. Leaves an EXTREMELY sour taste in my mouth and tired of fighting to stand still, just had enough entirely and sick of dealing with this bullying and gaslighting from those who are meant to SUPPORT people, 1984 was a warning NOT an instruction manual..…*screams and goes and bangs head on wall hoping the hate and stupidity stops*
Any advice about applying to the tribunal? As I don't have a clue honestly and my mind is.....messy at the best of times....
I won't hold out much hope this gets overturned as I'm sure our new govt will just bring in some new rule to override it or abolish the tribunal system or something.....
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You can request the Tribunal here.
It will be based on the erosion of the TP Due to the LCWRA element and carers element. I found a Rightsnet thread that you can have a read of.
https://www.rightsnet.org.uk/forums/v/member8347587824572ahfgdfaygdsyfug/3246/viewthread/20466/
You may also want to get some expert advice from an advice agency near you. I would advise Welfare Rights, if you have one in your area. You can check what's local to you here.
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Thank you 👍, I will have a read of it 😁
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Ok one appeal lodged with help
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do you have an update regards your appeal yet ?
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Nope as it was just lodged yesterday lol and the DWP have until the start of November to reply to it.
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I think I’m going to have exactly the same issue as you. 😩
Just been awarded LCWRA and will no doubt be penalised for being a carer for my son and disabled myself. I can’t wrap my head around the situation. It’s almost like they purposely award you LCWRA so make it so that you lose money in these cases . I definitely feel had over by them that’s for sure. I wish I hadn’t bothered with it now as I was better off as just my sons carer
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Check your next month's payment if so and immediately request a mandatory reconsideration on the basis of hardship.
They will probably deny the MR, I sent the link above to my local council welfare rights dept who weren't aware of the case and otherwise would have told me it was inline with the rules, but due to the linked case they filed an appeal on my behalf and I got notification the same day.
I agree it's a total nonsense and a glaring example of why the DWP needs broken up, it's become an entity that politicians are afraid to challenge and is too institutionally biased against claimants and they see us as prisoners on probation almost ...thought prisoners on probation are probably treated with less suspicion and less malice ......
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