Question about WCA assessment

stressed76
stressed76 Online Community Member Posts: 14 Listener

Morning

Just after some advice currently get carers allowance & carers element after migrating from IS to UC (have TP) & have also have medical issues, have been placed in no work group due to carers allowance but have been told to fill in uc50 & due an assessment shortly but have seen this will make me worse off can i refuse the assessment if i explain that to UC?

Thanks for the advice & sorry if theres any spelling mistakes

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  • stressed76
    stressed76 Online Community Member Posts: 14 Listener

    Also at the time of migration i asked about it been weird already in the no work group so why did i need to do something to see if i couldn't work to be told to make us better off whic i find out now might be totally false

  • poppy123456
    poppy123456 Online Community Member Posts: 64,111 Championing

    What you've heard is correct. Once the decision is made on your work capability assessment if you're found to have LCWRA then this will mean your carers element will stop because the same person can't receive both elements at the same time.

    If your UC also includes any Transitional Protection this will erode when the additional LCWRA element is included. This could mean you'll be about £200/month worse off.

    Are you claiming with a partner or as a single person? If a single person then yes you can cancel the assessment process by putting a message onto your journal.

    The reason why you were referred is very likely because when you claimed UC you reported your health condition and told them that this affects your ability to work.

  • stressed76
    stressed76 Online Community Member Posts: 14 Listener

    Got a partner, there the same carer with an assessment pending, can we still tell them nope?

  • poppy123456
    poppy123456 Online Community Member Posts: 64,111 Championing

    Only one of you would be entitled to the LCWRA element anyway because its only element per claim. Yes, you can try to cancel the assessments.

  • stressed76
    stressed76 Online Community Member Posts: 14 Listener

    Ok just messaged them on the journal, i have explained contrary to what we were told we will be worse off, that there is evidence on line of this for other people & an upper tribunal case & with the fact we are already in the no work group with been carers can we cancel assessments & carry on how we are already are. Fingers crossed but have seen capita have already requested my medical file

  • poppy123456
    poppy123456 Online Community Member Posts: 64,111 Championing

    I'd also advise you to ring Capita, I don't know if that will help but it's worth a try. The only issue here now is that the forms have already been returned.

  • stressed76
    stressed76 Online Community Member Posts: 14 Listener

    I will see what UC says 1st before ringing capita as currently feeling overwhelmed

  • poppy123456
    poppy123456 Online Community Member Posts: 64,111 Championing

    The only problem is that when you put a message onto your journal, it's usually someone from the service centre that replies and more often than not, they aren't very helpful.

    Have you both returned your UC50 forms? Most people have assessments but it is possible to have a paper based assessment. If the assessment report is written and returned to DWP then I'm not sure if it could be stopped at that point.

    You wouldn't lose both carers elements, you would lose the one, as well as your Transitional Protection.

    It's so frustrating that work coaches haven't got more knowledge than they have because if they did then they could advise that you would be worse off. Sadly, they are not benefits advisors.

  • stressed76
    stressed76 Online Community Member Posts: 14 Listener

    Are TP is over £700 will we lose it all?

  • poppy123456
    poppy123456 Online Community Member Posts: 64,111 Championing
    edited February 5

    No, your TP will reduce by £416.19/month from the 4th month after you provided your first fit note. If one of you is found to have LCWRA.

    You will also lose one of the carers elements which is £198.31/month. Therefore in total you will be worse off by the carers element amount.