ESA, LCWRA, UC & Bedroom Tax.

Lil197027

I was medically retired from a career I’d followed for 32 years, last September. On 5th January this year we signed on as a couple because my husband had given up work to help me at home. The benefits system was an enigma to both of us, my disability changed when I was taken ill in February’24. I spent 3.5 weeks in ITU in an induced coma, I developed sepsis, had three surgeries and had a tracheostomy and ventilation. I then stayed on a recovery ward for a further 8 weeks and then 2.5 weeks in a rehabilitation unit because I could no longer walk. I still can’t walk any real distance without aids and a physical presence. I’ve been diagnosed with critical illness neuropathy, I’ve had no definitive answers on whether I will walk again. When I signed on I was getting PIP standard daily living, I have previous medical conditions that caused me to have to take medical retirement. My husband tried to deal with the DWP during my stay in hospital, firstly I was unable for few months, secondly my cognitive abilities had diminished as well. When I came home mid April we were put under investigation by DWP within a week. Prior to this I started a claim for ESA, on the advice of another patient in hospital. Basically ESA is paid every 2 weeks @£145 or thereabouts it’s deductible from UC, which I was aware of. On checking my statements on UC, I noticed that in July and August I was being paid LCWRA at £419pm in with my UC and no ESA, I don’t recall applying for LCWRA, and I didn’t get any notification that I was awarded this amount! Confusingly the ESA amount was still being deducted as usual along with other expected deductions including work pension, carers allowance(my husband is full time carer) bedroom tax and a debt we owe them for mistakes they made, which I had no idea about. I’ve disputed the bedroom tax, which as been agreed we do not need to pay. Im now waiting for a decision maker to decide if this will be back payed. Meanwhile I think I understand LCWRA, but I don’t seem to be financially, even slightly better off by this award. Maybe I’m wrong…. But the £419 seems to disappear into the universe!! When ESA is deducted shouldn’t I at least have £120 from it??? I don’t want to sound greedy, I have no idea about benefits and I’m very confused the only difference financially is the £92 bedroom tax was not deducted in Aug, which made us that much better off. I’m sure I’m missing something but I have no idea. Please help!!!!

poppy123456

If your UC includes the LCWRA element then your ESA should increase to £138.20/week from the 14th week of your claim. However, you mention a works pension, if your pension is more than £85/week there will be a 50p/week deduction in your ESA for every £1 of pension over £85/week.

How much is being deducted from your UC for the ESA? Can you please check your UC and come back to let me know.

Your partners carers allowance will also be deducted in full from UC, including your works pension. Does your UC also include carers element?

Your UC should include, standard couples allowance (over 25), LCWRA element, carers element and housing element.

Lil197027

poppy123456. Thank you for your response.

Our entitlement PM is £1789.42

This amount includes housing, carers element, LCWRA.

Deductions
Work pension £540 (I get paid £499. 4 weeks)
ESA £316.12
Carers £354.90
Debt £92.54

poppy123456

Thank you. Your entitlement to UC before deductions will also include standard couples allowance. (£617.60/month)

Your ESA will include a deduction because your pension is more than £85/week. The amount they deduct for your ESA in UC is correct and takes that reduced ESA into account.

The deduction for your pension and Carers allowance will be worked out as a monthly payments because they are both weekly amounts, where as UC is a monthly benefit.

Your ESA amount should increase to reflect the LCWRA award for UC, which for ESA is Support Group. (£138.20/week and then your pension will reduce that amount) When payments increase the deduction for UC also increases.

Even though your ESA amount hasn't yet increased your overall benefits entitlement isn't affected by that because of the deduction anyway. (it should increase from the 14th week after your claim started)

Those figures look correct to me.

Lil197027

July

Standard Allowance £617.50

Housing £557.32

Carer £198.31

LCWRA £419

Total: £1789.32

Deducted

-£540.80 pension

-£316.12 ESA

-£354.90 carers allowance

-£92.64 for overpayment

Total payment: £484.96 per month.

August as above but no bedroom tax deduction of £90.40

total payment £575.

Assuming this will be our payment going forward…. But there have been so many adjustments we have only had June and July with the same payment, so we’re very confused!!!! How did the LCWRA come about??? I really can’t recall if or when I applied, I have no paperwork on this. ???

poppy123456

Going forward your ESA would increase and your UC will decrease because the deduction for your ESA will increase. Overall, your benefits entitlement and what you receive will remain the same.

I wouldn't expect you to receive any paperwork when you have access to a journal for UC. (apart from the UC50 form) It's a digital claim so no paperwork, everything is through your journal.

I would have expected you to have receive the UC50 form in the past and you would have received a decision letter on your journal.

Lil197027

poppy123456

Thank you so much for breaking this down for me in a way I can understand. It’s a minefield of ins and outs, but now I have some understanding.

Thanks again lovely x

poppy123456

You're very welcome. It is indeed a minefield! If your ESA doesn't increase I'd advise you to contact them and tell them that you were found to have LCWRA by UC.

Lil197027

poppy123456

I will keep an eye out!! Thanks again, you have given me peace of mind and it makes a huge difference these days.