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Minimum income floor still applies after being accepted for LWCRA

CB91

Good Morning,

I was signed off work for 3 months in september 2024 by my doctor, I provided a sick note to the job centre and was told I need to go for a WCA. As I’m self employed, during the wait for the assessment, my minimum income floor still applied until a decision was made which makes sense to me.

During that time I received £0. From September up until now. Over the Xmas period I was forced to find a job due to having no food and at risk of losing my home to which I lose a week later. I notified the job centre of this work.

I then went for my assessment at the beginning of January. Couple weeks later I got a letter in my journal stating the decision was I had LCWRA meaning I no longer HAVE to look for work if not well enough to do so, and that I would receive extra payment and a work allowance.

We are now 25th Jan, my minimum income floor is still applied on my account. I have questioned this in my journal 3 times to which the first time was ignored. I wrote another message and got these responses below.

“Hello ******, The work capability assessment decision has direct impact on your circumstances and work situation. In order for me to reflect that and change a decision from previous gateway appointment I am requesting you to report that change. Without that minimum income floor remains in place. Regards,”

Replied asking what change it is I need to make and if they could refer me to what guidance states this so I can follow the steps correctly. To which they responded

“Hi ******, in order to amend your account we need you to report a change of circumstances to your work and earnings. Thanks”

So the question I have is, am I not exempt from the minimum income floor?

Secondly, has anyone had this experience before who is in a similar situation to myself, meaning they asked you to make a change once your decision was made to award you LCWRA.

There has been no change to my work situation, it remains the same. I work sometimes when well enough to do so, other times im incapable of doing so due to my illness.

They are asking me to report my self employment, but why would I need to report that I’m self employed if I already have a minimum income floor? Surely you can’t have a minimum income floor without being self employed. They know I’m self employed and have done for over a year.

This is really effecting me, meanwhile I’m trying to get on with my life I hate that I need to sign on, I’m someone who would much rather be out working earning my own money from my own doing but sometimes in life your hands are tied and you have to do what you got to do. I just want to get the money I’m owed and have the minimum income floor removed I’ve done everything they’ve asked me to do at this point and I feel they are trying to get me to do something I’m not actually meant to, to cause an issue in the process so they then can delay payment to me or not pay me atall.

Apologies for the long winded message and I appreciate anyone who takes the time to read it and offer any advice.

kindest regards

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Comments

poppy123456

You are exempt from the Minimum Income Floor BUT if you're no longer self employed it would no longer apply anyway, even without the LCWRA award.

If you're no longer self employed you need to report those changes and tell them. If you are still self employed then you would still need to continue to report your earnings and expenses on the last day of each assessment period.

When was the decision made on your work capability assessment? It can often take quite a few weeks for them to update your claim.

The extra money for the LCWRA element will be paid from the 4th month after you provided your first fit note, providing you continued to provide fit notes without any gaps until the decision was made on your work capability assessment.

CB91

Hi poppy,

thanks for your response.

so I’m still registered as self employed and always have been never told them once I wasn’t self employed and have still been reporting my income and expenses every month. I don’t want to close my business down because as I stated I do my very best to go to work when i feel capable of doing so, so I want to at least have the option to work if im feeling well on a certain day/days - week/weeks

The job I lost was an employed job through an agency in December and was there for a week which they are aware of (just to clear that part up)

They have already awarded me the extra money for this month, but because the 1560 minimum income floor applies, even with a work allowance and the extra money will be given just over £100.

I’m more concerned about backdated money for the 3 months I had a MIC when I was incapable of operating the business which from I understand should be backdated once a decision is made which now has. I’m currently going through a period where I AM able to work, my illness is not constant it comes and goes and I’m waiting for further help from mental health team to let me know what the hell is wrong with me.

So currently I’m in a better place then I have been the past few months but this is really getting to me now and I can feel my mental health going downhill again because of it. Just want it sorted it’s driving me crazy it really is.

I’ve just received this message

Hi ******, order for us to amend your MIF we need to complete a form that will only appear on our system if you report that your work circumstances have changed.Please just re-report that you have been self employed from the start of your LCWRA decision so we can accurately back date where applicable. Thanks

poppy123456

I've not heard of having to do it this way before but that doesn't mean it's not correct. There would be no harm in doing what they've asked you to do so I'd advise you to go ahead and report it. You will then be paid what is owed and you will be excluded from the MIF.

CB91

I get that but I don’t fully understand what they want me to report. I’m happy to do whatever is required just want to make sure it’s correct. They are saying report it from September but I’ve been self employed from way before that? Should I report the date as the first day I notified them of my self employment or from the date I was signed off work (September 24)

poppy123456

They've asked you to report it from when the LCWRA started from so yes that would be when you provided your first fit note.

CB91

ok thank you for your help. Have a nice weekend

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