Transitional protection and lcwra

poppy123456

There’s nothing to argue about with the LCWRA from the start of your claim because of the waiting period for the extra money, which doesn’t start until your 4th assessment period.

littlemoo

https://forum.scope.org.uk/discussion/comment/914727#Comment_914727

Hi poppy,this is exactly what my situation is .they have taken the full amount of lcwra out my TP .removed the carers element.and I'm £200 worse off .but I thought you said they don't take the difference from lcwra and carers element and deduct that from the TP ?bit confused?

littlemoo

Hi exactly the same what's happened to me .can you tell me if you appealed or anything ? Thanks

poppy123456

https://forum.scope.org.uk/discussion/comment/980437#Comment_980437

You keep commenting on different threads with the same question. It's correct that the carers element is removed once the LCWRA element is included, this is because the same person can't receive both elements at the same time.

With the LCWRA element, it's correct that this would reduce your Transitional Protection by the same amount.

When I advised this earlier in the thread, which was from September 2024, I didn't realise at the time that this was actually correct, I thought it was wrong.

I'm not an expert and the time I spend here is done so freely in my own spare time. I try my very best to give correct information but sometimes I do get things wrong and for which I apologise.

Some people advise to challenge the decision because it may help with the Upper Tribunal case and some say leave it but at the moment what they've done is correct.

littlemoo

https://forum.scope.org.uk/discussion/comment/980459#Comment_980459

Ok thanks don't really know what I'm doing on this .that's what I was confused about as if worked the way you thought originally would of been ok .just reading so many different answers on other sites .much appreciated I realise now

poppy123456

Just to update this thread the Upper Tribunal have made their decision on the case to reduce the TP by the same amount as the LCWRA element and also remove the carers element in the process. 

They ruled in the favour of the claimants. What they have decided is that the TP should be eroded by the difference between the carers element and LCWRA element. See link for details. 

I don't know how long it will take DWP to pay what they owe to people that have been wrongly affected by this. Great decision made here

https://cpag.org.uk/welfare-rights/test-cases/test-case-updates/erosion-disabled-carers-tsdpe-due-addition-lcwra-element-and-removal-carer