Latest upper tribunal case

carcari

Hi I'm wondering if the latest upper tribunal case is going to go in my favour. I'm going to quote what poppy said in my last post. Would this mean the carers element will be added back on to my claim

poppy123456 Online Community Member Posts: 64,348 ChampioningJanuary 1

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

Kimmy87

Eventually that is the hope, yes.

DWP do have the right to apply to appeal the decision.

And have recently given themselves 2 years to sort out another issue where they were also defeated in court.

So unfortunately I'd not expect a quick resolution.

poppy123456

Carers element won’t be added back on. What would happen would be the Transitional Protection would be recalculated to reflect the difference between the LCWRA element and carers element.