UC and LCWRA

carcari

Happy new year

I'm trying to work out if I'm awarded lcwra when my first payment would be

My lcwra accessment was 31st December 24

I had the migration notice back in June I applied for Uc on the 7th August 24

First fit note was reported 15th August with the dates 15th April to 29th August 24. NO GAPS to date

My uc accessment period is 7th to the 6th with payment day been 13th

Any help would be greatly appreciated

poppy123456

Happy New Year. You said the following..

First fit note was reported 15th August with the dates 15th April to 29th August 24. NO GAPS to date.

Please can you confirm that your first fit note was dated from 15th April to 29th August 2024? You said there were no gaps but did you provide anymore fit notes after 29th August?

If found to have LCWRA then your waiting period will be as follows..

August/Sept doesn't count because you didn't provide your first fit note within 7 days of starting your UC claim.

Sept/Oct, Oct/Nov, Nov/Dec.. LCWRA starts from 7th Dec to 6th Jan and first payment will be 13th Jan 2025. No LCWRA element is owed.

If your UC includes Transitional Protection then this will erode when the LCWRA element is included. If your TP is more than £416.19/month, you will not be any better off with the additional element.

carcari

That's right 15th April till the 29th August and my next one is 30th August to 15th Feb 25. My tp is 389.20 but we get 2 carers element i know one of these will stop for myself if found to have lcwra

poppy123456

Thank you. Oh dear, I'm afraid this isn't going to be good news for you. If found to have LCWRA then one of the carers elements will stop but your Transitional Protection will be completely eroded due to the LCWRA element.

This means that you will actually be worse off, rather than better off because of the loss of the carers element, which is £198.31/month.

As your TP is £389.20/month, it will mean you will be about £171/month worse off.

There's an Upper Tribunal case regarding this and there was supposed to have been a hearing on 30th October but I don't believe any decision has been made yet about that.

Of course you will need to wait for the decision to be made on the Work capability assessment, which can take up to about 12 weeks.

carcari

I kind of guessed that from other posts thank you for your help poppy

Happy new year

carcari

Just out of curiosity if I'm found not to have lcwra would I still keep the tp and carers element. And with me caring for my son would I still have work commitments

poppy123456

You're welcome. I totally disagree with this rule and I really hope that the Tribunal eventually makes a decision in the claimants favour.

I don't know if you've read on the other threads but it may also be worth you challenging that decision by requesting the Mandatory Reconsideration. If I can find the threads I'll post a link here.

Happy New Year to you too.

carcari

That would be great thank you