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Universal credits

Kerry2024

Just wondering if anyone could please clear up some more confusion regarding universal credits again.

I work 20 hours per week but was signed off by my doctor in September until 1st of November due to a Crohn's flare up.

I notified universal credits of this.

They contacted me yesterday asking me to fill in a work capability assessment (which I'd not requested) I explained I was only temporarily signed off and hoping to be back at work in November but still advised me to complete the assessment saying that I may have to have a face to face assessment etc and they'll decide if I'm fit for work.

What confused me however is regardless of my health, I receive the carers element and disability element for my autism daughter which universal credits told me when started receiving these that I didn't have to undertake work related tasks if I chose not to.

As I said I do work 20 hours per week and hoping to return as soon as I'm well enough.

But as I'm not expected to look for work due to my caring responsibilities of my daughter I'm unsure why they want me to do a work capability assessment for my health?

Thanks everyone 🙂

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poppy123456

It's the carers element that will exclude you from any commitments for UC, this will include looking for work and attending any appointments.

Usually if your earnings are more than 16xNMW per week you can't be referred for a work capability assessment unless you're claiming PIP yourself. If you're claiming SSP from your employer at the moment then this is less than 16 x NMW per week so you can be referred. If you reported your health condition and provided a fit note then this is why you've been referred for the work capability assessment.

You don't have to go through that assessment but it would help in the future, especially if your UC only includes child element for 1 child.

I notice from a previous thread that your daughter is 19 so next September the child element for her will end, due to her age. Once it ends if you don't have any other children on your UC claim you will also lose the work allowance, which is an earnings disregard before any deductions apply. This would mean you'll be even more worse off than you would be by losing the child and disabled child element.

By going through the work capability assessment if you're found to have either Limited Capability for Work. (LCW) Or Limited Capability For Work Related Activity, (LCWRA) then you will also be entitled to the work allowance, even when your daughter is no longer on your claim.

If you're found to have LCWRA then you can't receive carers element at the same time because both can't be paid to the same person. So if you're a single person you would only receive the higher element, which is LCWRA.

For this reason it maybe worth continuing with this assessment. You will need to make sure you continue to provide fit notes without any gaps until the decision is made on your work capability assessment.

Kerry2024

Hi poppy. Yes I am currently receiving SSP so that'll explain why I've been referred for the assessment then.

I only have one child so yes all the child element for her will stop next year.

Do you think I'd be better off financially returning to work (20 hours per week if I'm able) and continuing with the carers element or going down the route of the LCWRA?

Crohn's disease is a tricky condition and worried the assessment will be a waste of time due to the periods of remission but it's also unpredictable and can relapse at any point.

I want to do some work for as long as I'm able. Just unsure if returning to my current job next month is the way to go or look for something with less hours and do the work capability assessment.

Thanks once again for your help 🙂

poppy123456

You're welcome. In the longer term it would be better to go through the work capability assessment due to end child element ending next year, which would also remove the work allowance as well. If found to have either LCW or LCWRA the work allowance would continue, even without the child element.

You can see the descriptors for LCW and LCWRA in the following links, please have a read through them.

LCW here.

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

LCWRA here.

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

Remember you do not need to be affected all of the time. It's the majority of time that count, so at least 50% over a 12 month period.

Kerry2024

Thankyou poppy.

Chrons is a complicated illness and causes and causes issues even in remission but This Is the first major Crohn's flare on 7 years so been very lucky.

But thinking the assessment will be a waste of time to be honest as they'll just see I've been in remission so long and probably wouldn't be a successful application anyway.

Thanks again

Kerry2024

Hi poppy

Me again!

Is it correct that once my SSP stops I'd also be entitled to ESA as well as LCWRA(if I passed the assessment)?

Thanks again 👍

poppy123456

SSP is payable for 28 weeks. There’s no automatic entitlement to New style ESA but you can claim it if you have the correct NI contributions in the previous 2 tax years.

If you do claim it there’s no financial gain because it’s just deducted in full from any UC entitlement. There are some advantages to claiming it because it’s not means tested like UC is. You will also receive class 1 NI credits, whereas UC is class 3.

Kerry2024

Thankyou once again 🙂

Kerry2024

Hi again

Received my LCWRA assessment through post today.

However I'm hoping to return to work on November 1st 🤞 so is there any point filling it in as I work 20 hours per week earning about £1000 per month so doubt I'd qualify for LCWRA anyway?

Thanks again 🙂

poppy123456

Yes, it's worth filling it in and returning it. If you don't currently have the work allowance you will be entitled to that if the decision is either LCW or LCWRA. This means that some of your earnings you receive each month will be ignored before deductions apply.

If you claim for help with the rent the work allowance will be £404/month, if you don't it will be £673/month. For every £1 of earnings you receive over those amounts your UC will reduce by 55p.

If found to have LCWRA you'll also be entitled to extra money from the 4th month after you provided your first fit note.

People do work and claim LCWRA too.

Kerry2024

That's great, thanks again poppy for all your help. The whole thing is confusing and giving me a headache 😂 thankyou 🙂

poppy123456

You're welcome. Yes, it's confusing, for sure.

Kerry2024

It certainly is! Thankyou 🙂

Kerry2024

Hi all

Happy new year to everyone.

I'm still off work with a Crohn's flare up.

What happens when my SSP ends? I already receive universal credits.

Still awaiting for appointment for assessment for the lcwra.

Just wondering what the procedure is.

Thankyou 🙂

Kimi87

As previously advised you can apply for New Style ESA once the SSP ends.

https://www.gov.uk/guidance/new-style-employment-and-support-allowance

As Poppy said, no financial gain but it has other advantages.

Otherwise, it would be UC that provides your income.

Kerry2024

Thankyou everyone 🙂

Kerry2024

Hi all

I have finally had a date for my lcwra assessment which is the 24th of January.

Does anybody have any idea how long it usually takes for a decision to be made?

Thankyou 🙂

Kimi87

Timescales after the assessment are anything up to 12 weeks.

Kerry2024

Thankyou 🙂

Kerry2024

Hi all

Only me again..

I'm currently receiving the disabled child element of universal credits for my daughter. However she turns 20 this September so the payments for her will stop around that time... What happens then? Does my daughter apply for it in her name instead?

If so is this the lcwra she'd apply for?

Thanks once again

Kimi87

Your Daughter would need to make a UC application in her own right, yes.

She can start the WCA process by reporting her health condition and supplying a Fit Note.

If she is unable to manage her claim, you (or someone else) can apply to be her appointee.

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

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