Hi, my name is Talant!

Talant
Talant Community member Posts: 11 Listener
edited August 31 in Universal Credit (UC)
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  • Bluebell21
    Bluebell21 Community member Posts: 682 Empowering

    Hi @Talant Welcome to the Community. I hope you enjoy your time on the forum. Any questions just ask.

  • Talant
    Talant Community member Posts: 11 Listener

    Hi, I have been on UC with LWC since March this year. I got RA added in July and got my first payment without a waiting period.

    Then my wife and I seperated and she moved out. My daughter told me my wife managed (as a single over 25s) to get UC with LWRCA in a 3 or 4 weeks.

    I have got UC (over 25s) but they told me I have to wait 3 months for LWRCA.

    I have also had my 3 hour long phone interview for PIP.

    Anyone have any idea why one rule for my wife and another for me?

    Thank you

    T

  • Rachel_Scope
    Rachel_Scope Posts: 1,030 Online Community Coordinator

    Hi @Talant and welcome to the community.

    I'm unsure why there would be a difference between you both except that every case is different. I'll pop this in our UC category and hopefully someone with more experience will be able to help you.

  • Talant
    Talant Community member Posts: 11 Listener

    Thankyou Rachel

  • Talant
    Talant Community member Posts: 11 Listener

    I should have said my fit note is for 6 month it started in fabruary and ends in october.

    I submitted it in early march.

    So when i made my claim for UC i was put on LWR from the first day of the claim.

  • Talant
    Talant Community member Posts: 11 Listener

    Should I send the following information to my UC work coach?

    Paragraph (6) of regulation 28 of the Universal Credit Regulations 2013

    Reinserting regulation 28(6) makes it clear that claimants who are determined as having LCW do not have to serve the 3-month relevant period before the LCWRA element is awarded.

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    edited August 31

    When you were claiming previously with your partner had you already been through one work capability assessment and was found to have LCW?

    If so did you then report changes to your health condition?

  • Talant
    Talant Community member Posts: 11 Listener

    I got this from the site legislation.gov

    It is talking about the waiting time for LCWRA.

    Please correct me if I have misunderstood the regulation.

    Point 1.

    They have admited they removed para 6 of regulation 28 in error but have since reinserted it.

    point 2.

    In short if I am recieving LCW and later get awarded LCWRA then there is No Waiting Period to get Paid.

    Legislation.

    Paragraph (6) of regulation 28 of the Universal Credit Regulations 2013 was omitted in error. Its omission means that it could be argued that claimants who are determined to have limited capability for work and work related activity (LCWRA), having previously been determined as having LCW, could be required to again serve a further 3-month relevant period before the LCWRA element is awarded. Reinserting regulation 28(6) makes it clear that claimants who are determined as having LCW do not have to serve the 3-month relevant period before the LCWRA element is awarded.

    I hope this helps people.

  • Jimm_Scope
    Jimm_Scope Posts: 4,297 Online Community Specialist

    Thank you for posting that @Talant do you have a link of exactly where you found that?

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    https://forum.scope.org.uk/discussion/comment/905188#Comment_905188

    You can see the regulation here, it's part of the UC regulations 2013.

    https://www.legislation.gov.uk/uksi/2013/376/regulation/28 I've advised this quite often on here in the past because UC very often get this wrong.

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing

    @Talant you didn't answer my question that I asked here.

    https://forum.scope.org.uk/discussion/comment/904962#Comment_904962

  • Jimm_Scope
    Jimm_Scope Posts: 4,297 Online Community Specialist
    https://forum.scope.org.uk/discussion/comment/905281#Comment_905281

    I actually know of the regulations site. I actually use the gov.uk regulations site quite a bit in some out of work stuff I do 😋 I was just curious which one exactly that was 🙂

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    https://forum.scope.org.uk/discussion/comment/905296#Comment_905296

    There's only one set of regulations.

  • Jimm_Scope
    Jimm_Scope Posts: 4,297 Online Community Specialist

    Feel like I've miscommunicated what I meant here sorry. I know there is only one set of regulations for Universal Credit, I incorrectly assumed because it was referencing the Universal Credit Regulations 2013 that it may have been some other related document on the legislation site, or a specific amendment/schedule section.

    I'm sorry if that didn't come across. I do sometimes have some issue turning thoughts into words in a way that people other than me easily understand.

  • Talant
    Talant Community member Posts: 11 Listener

    Poppy. Yes to your question.

    Sorry for the delay in responding.

    We were both on lcw. And we were both waiting for the ra.

    As soon as we recieved our first payment lcwra. My wife moved out because my sons house purchase coincided with the lcwra payment. The job centre have been aware of us living seperate lives but living under the same roof for several months.

    We were both aproved for lcwra.

    They paid her but not me. Now after 2 months they said I can have lcwra but i must wait 3 months.

  • Talant
    Talant Community member Posts: 11 Listener

    Poppy that link you have there is the place where i got my info from.

  • Talant
    Talant Community member Posts: 11 Listener

    My brain runs faster than my fingers. So i will say sorry for typos inadvance. If i dont get my thoughts down quickly i will forget everything.

    So should i message my uc coach and tell him of regulation 28?

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing

    When you were living with your wife, were you claiming as a couple or as single people? Sorry for all the questions but I need all the information before I can give the correct advice.

    In this comment here you said you received your first LCWRA payment without a waiting period. Then in the same comment you said they told you that you have wait 3 months for the LCWRA element. I'm still confused.

    https://forum.scope.org.uk/discussion/comment/904552#Comment_904552

  • Talant
    Talant Community member Posts: 11 Listener

    We were claiming together and got our first lwcra as a couple. We were not able to prove that we were not a couple whilst she was living in the same house.

    We both qualified for lwcra.We both suffer different long term illnesses.

    So when my wife left me, her lwcra was alocated to her within a month so she only had to wait a month. I don't know if she made a fresh claim or not.

    I don't talk to my wife. My daughter didn't tell me. We communicate through her when we need to.

    I did not make a new claim. The dwp just held on my my payment and said "its with the decision maker" everytime I asked sbout my lwcra payment. So for the time being I am living of the universal credit payment.

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing

    Put a message on your journal under the payment section and tell them there's no waiting period because you already had LCW. You will not be owed money for that month that you received the LCWRA when you were claiming as a couple with your wife.

    If you kept a copy of the decision letter when you were found to have LCW then ask if you can send them that.

    For the avoidance of doubt, when going from joint to single or vice versa, you don't need to make a new claim, you report a change of circumstances and your claim reverts to single person. You do lose all journal entries and all statements when doing this but you keep the same assessment periods and payment dates.

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