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LCWRA _and carers element

kats1234

I have been back and forth now with UC - always a different person each reply! myself and my partner were placed in LCWRA now for the past few years, we recieve the one payment as normal per month in our statement, I was awarded LCWRA first and began recieving the LCWRA element paid in June 2020, and my partner about 7 months after me.

However he cares for me as i have become worse and he has done for a long time, I claim higher rate pip on daily living and on mobility since november 2021 We were advised after doing a benefits calculator recently that he was entitled to carees element, so we put in change of circumstances for him to be caring for me and requested carers element be added. We were first told no as he is LCWRA group so i explained that so was i so taking him out of the group wouldn’t make a difference to our payments as i will be in receipt of the LCWRA still and he shoukd be in reciept of carers element. then i requested under payments for the element to
Be comsidered for backdated pay also. Then i received a message saying this
—

If you would like for this to be considered for backdating i will need to refer this to a decision maker as this was reported late
For me to do this, could you please in detail give me the reasons as to why this change was not reported on time.
Once we have received the response we can send this over to the Decision makers to look into.

I was happy as i assumed that we were going to begin receiving the carers element.

So i replied stating we were not made aware we were entitled it etc etc they then another advisor replied this.

-Please can you let me know the exact date you would like this to be backdated to so I can forward this to a decision maker.

Of which i replied

Then todayi have recieved this from another advisor (3rd so far)

As your partner has been found to have Limited capability for work and work-related activity, he cannot be paid Carer element.
Only 1 person can receive the Limited capability for work and work-related activity payment on a joint claim
Thank you!

I am going out if mind trying to explain it them can anyone advise me! As i was advised that my partner shouldn’t now be in Lcwra after reporting a change as carer, but we would still receive the LWCra payment as i am in that group ( i was the first to be placed in that group)

Im struggling to explain it all-on my journal and it is getting frustrating as every time i get a reply its from a different person!

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Comments

Albus_Alumni

Heya @kats1234 and welcome to the community!

That does sound stupidly frustrating, I'm sorry you've not been able to get a clear answer from anyone.

I've had a little look online and the GOV website states that if a couple are both found LCWRA, that only one component will be added to your claim. So even though you can both be classed as LCWRA, only one amount of extra money will be paid out.

As for the carers element, I'm afraid I'm not 100% on the answer, but I hope one of our supersmart regulars will have an answer for you soon. 😊

poppy123456

Oh dear some of those service centre staff do not have a clue.

Yes you are correct, one of you claims carers element and the other claims LCWRA. This way you are claiming your maximum UC entitlement.

Put another message on your journal and tell them again that each of you claims one element each. Put the start date of your PIP award if you were claiming UC at that time.

kats1234

https://forum.scope.org.uk/discussion/comment/923862#Comment_923862

thankyou Poppy i have done this exactly as you suggested, after reading a previous discussion on this forum.
but i recieved that response this morning from another member of service centre staff stating the standard reply of he is not entitled to CE as he receives Lcwra! Im not sure if maybe this was another member of staff picking up on the conversation and giving the generic response given, as the previous guy the day before told me he was passing my request for backdating onto a decision maker! Im so confused and stressed as i know that we should be entitled but just cant explain it very well to them in my journal!
I spoke to the citizens advice today who had no idea - and told me that in order for my partner to be taken out the LCWRA he would need to get a full time job first the he would be removed and able to claim carers element 🤦🏻‍♀️

ZeroHour

Hi @kats1234 I’d be very interested to hear about this as well. Both me and my brother claim LCWRA, but mine are for Long Covid / COPD while his are for autism based issues.

I physically can’t do anything but my brother can, he just has certain complex workplace issues he struggles with. He could easily be down as my carer, and has been looking after me, but I can’t seem to find out if he’d be able to qualify for the carers element too?

kats1234

https://forum.scope.org.uk/discussion/comment/923897#Comment_923897

It seems to be a very dark area and as poppy suggested the staff at the centres dont really give the correct advice

poppy123456

https://forum.scope.org.uk/discussion/comment/923897#Comment_923897

Your situation is completely different. In this case because you'll each be claiming UC as individuals you will not be able to claim carers element because you will both be receiving the LCWRA element each. The same person can't receive both LCWRA element and carers element at the same time. In this case the higher element is paid, which is LCWRA.

If part of a couples claim then one person receives LCWRA element and the other receives carers element.

poppy123456

https://forum.scope.org.uk/discussion/comment/923893#Comment_923893

As someone has sent it to a decision maker for them to make a decision then you need to wait for that. An element can't be awarded without a decision maker making that decision.

kats1234

https://forum.scope.org.uk/discussion/comment/923925#Comment_923925

thanks poppy this is what i assumed, after he said that yesterday, and then randomly this morning i had another message from someone else stating the same generic response that he is not entitled to it ! Would this just be someone who has randomly responded to my reply or is it the decision maker! Basically when the final decision is made and it it written in my journal will it state its from the decision maker ?

poppy123456

A decision maker is the only person that can make a decision and put the award into payment. The letter that you'll receive on your journal will not state it's from a decision maker.

kats1234

This is what was sent this morning, after i replied yesterday with dates my pip started on

Is this from a decision maker

kats1234

https://forum.scope.org.uk/discussion/comment/923929#Comment_923929

the above post is what I recieved this morning

ZeroHour

https://forum.scope.org.uk/discussion/comment/923924#Comment_923924

Thanks so much @poppy123456 I had a feeling this wasn’t possible, I’m assuming there’s nothing else he can do to claim anything more?

(I really don’t want to take over the original poster’s thread so I’d be happy to open a new one if need be, I just thought I’d ask briefly as I didn’t think there would be)

poppy123456

https://forum.scope.org.uk/discussion/comment/923942#Comment_923942

UC has replaced all the old means tested benefit. The only other benefit possible to claim is council Tax reduction if they are responsible for council tax.

I'm assuming because you asked about carers element that they are already claiming a disability benefit such as PIP or DLA or Adult disability Payment (ADP) if living in Scotland.

poppy123456

https://forum.scope.org.uk/discussion/comment/923931#Comment_923931

Ignore that because the first part is incorrect in your case.

ZeroHour

https://forum.scope.org.uk/discussion/comment/923964#Comment_923964

Yes that’s exactly right @poppy123456 , I had a feeling there wouldn’t be anything else that could be done but I just wanted to check - Especially in light of the rates for next year’s uprated benefits looking so poor.

Thank you so much for your help (and good luck to the original poster here, I hope you get yours sorted out to your satisfaction!)

kats1234

https://forum.scope.org.uk/discussion/comment/923968#Comment_923968

I made the mistake of joining a facebook benefits advice group and posted my question in there and this morning have woken to many comments stating we are not entitled to both CE and LCWRA! I regret posting on there now as i am now feeling deflated!😥

This morning i posted in my journal to basically say please ensure our request for carers element to be added to our award be forwarded to a decision maker as we have been advised that we are entitled to now receive both elements - one each in order to receive our maximum universal credit entitlement.

poppy123456

That doesn’t surprise me with those FB groups. If it was me then I’d leave the group.

Thats great news that the correct decision has now been made! Money owed will be paid separately. Before paying what is owed your statements will need to be recalculated. It may take a couple of weeks for them to do that.

kats1234

https://forum.scope.org.uk/discussion/comment/924261#Comment_924261

ive left the group, No they havent agreed to pay it yet that is what i have written in my journal this morning to them! So will wait patiently now for a reply! I dont know why i am simply not feeling positive about the outcome! But very much trust this community to give the correct advice. I will post back when i have heard anything from them. Thank you so much

poppy123456

Oh ok, sorry. 😔 You are 100% entitled to both elements. It’s not the first time they’ve got this wrong, it happens a lot when both couples have LCWRA. It’s very frustrating when they don’t even understand the law.

If the decision comes back as a refusal then you need to request the Mandatory Reconsideration.

kats1234

https://forum.scope.org.uk/discussion/comment/924274#Comment_924274

thank you so much poppy for your reassurance and advice i will make sure i fight our case and will keep you updated. I am shocked that the citizens advice yesterday told me that my partner will need to get a full time job first and then leave it and claim carers element then!🤦🏻‍♀️