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Universal credit and payment protection

quail

Recent migration to uc I have been awarded lcwra so this is replacing carers ellement this month, so I was expecting my transitional protection to be reduced bu the difference between the two elements (£217.88) I have just recieved my statement and they have reduced my payment protection by the full lcwra amount (£416.19) so my overall payment is £198.31 less than it was previously.

This cant be right can it? I had been informed my overall payment would stay the same otherwise I would have cancelled the lcwra application as not worth it if going to mean I am worse off.

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Comments

poppy123456

I'm afraid it is correct unfortunately. There's an Upper Tribunal case specifically about this but no decision has been made on that yet. There's many people that have been caught out by this rule.

quail

I have queried it on my journal as it says transitional protection has been reduced because uc entitlement has increased but obviously it has been reduced by more than the uc entitlement has increased by.

Do I get given the option to appeal like you do with pip decisions.

I feel sick about this because when my payment protection was first set up I was going to cancel my lcwra application but I had seen posts on several sites saying it was just the difference that would be deducted so I did not cancel it I really wish I had now.

You are not supposed to be worse off when awarded lcwra this is so wrong.

Is there any news on what is happening with the tribunal case?

poppy123456

What's you've seen is incorrect and the Transitional Protection is not reduced by the difference between both elements for carers and LCWRA.

Any decision can be challenged but at the moment there's nothing to challenge because the law states it's correct. Whether it's worth going through the appeal due to the Upper Tribunal case, I'm unsure.

There's no further information about the case. All I can tell you is that the hearing should have taken place on 30th October but I have no idea whether it did or not.

If it's worth anything I totally agree that it's wrong.

quail

I saw it both on here and another site not that long ago,

It sounds like there is nothing I can do about it and will now be £198 worse off a month. I submitted fit note when I was forced migrated to uc I was then awarded pip so became entitled to payment protection and a higher award due to disability premiums being added to previous legacy benefits, I was going to cancel the lcwra application as I was worried it would affect my tp but as i saw on this site and another that my tp would only be reduced by the difference between the 2 elements so I would be no worse off I left it as I had my assesment booked for the following week.

It's so unfair they have already taken carers ellement amount from tp and now they are taking the lcwra amount as well but not paying ce anymore as you cant be paid both but it's ok for them to deduct both...

Kimi87

I agree it's incredibly unfair.

I'm glad it's been challenged within the court system and hope the outcome is a positive one for those effected.

Holly_Alumni

Hi @quail just wanted to say I'm so sorry to read this. It must be such a major impact for you, and it's really upsetting what's happening.

Unfortunately until the outcome of the 30th October court case, there's nothing that can be done so for many, it's a waiting game.

I hope you're doing ok otherwise. Keep your chin up and hopefully this will get resolved soon for everybody effected in the community.

Keep in touch though. I'm sure they'll be lots of discussions and updates on this. And just wanted to say thanks @poppy123456 incredibly helpful advice.

worried33

Sorry to be a bother I am curious about this court case, but I simply cannot find any record of its existence, is there any information on it?

durhamjaide2001

https://forum.scope.org.uk/discussion/comment/954962#Comment_954962

you aren't a bother to anyone

Kimi87

Removed, the referenced topic no longer exists.

Morgan_Alumni

https://forum.scope.org.uk/discussion/comment/954962#Comment_954962

A decision on the case hasn't been made so you are unlikely to find much information on it until it is.

Kimi87

https://forum.scope.org.uk/discussion/comment/957328#Comment_957328

No that's not correct. The deduction is only happening in very specific circumstances.

People previously receiving Carers Element in their name and has Transitional Protection on their UC award, who then applies for and becomes eligible for LCWRA.

quail

https://forum.scope.org.uk/discussion/comment/954500#Comment_954500

Hi Poppy. I have just sent that the utt has gone in the claimants favour but I was wondering how this will affect myself. I was awarded lcwra before the applicable date and requested a MR early December but I have had no MR decision, infact since requesting the MR and being told it is with the decision makers I have had no response to my journal messages.

poppy123456

Yes the Tribunal ruled in the claimants favour. I’m afraid all anyone can do now is wait. If DWP do not appeal the decision they will eventually pay what is owed. I have no idea how long this will take.