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Hi, my name is trace67! What happens after LCWRA is awarded?

trace67

I migrated from IS to UC in April 2024, I sent in my first fit note on 31st May. They sent me a form for a health assessment which I sent back. This got lost somewhere along the way, but was found and I finally had my assessment on 3rd Feb this year. On 17th Feb I was notified that I had been awarded LCWRA status. What does this mean and what happens now? Tia

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Kimi87

Do you claim with a partner who themselves gets LCWRA?

Do you have Transitional Protection on your claim?

trace67

hi Kimmy, no, I’m a single person and yes, I get transitional protection

Kimi87

Thank you.

Once DWP process the decision, this means each month you will now be eligible for the LCWRA element added to your UC award, which is £416.19.

Your Transitional Protection will reduce by this amount.

LCWRA has a waiting period of three full assessment periods before the element is payable. No money is paid or subsequently owed for that period.

Looking at your dates some backpay might be owed, which will be calculated and paid separately. It depends on how much your Transitional Protection is.

If applicable, you'll know when this has been done as a letter will be added to your Journal stating the amount owed, and payment will follow within a few working days.

Benefit back payments are disregarded from calculation of your capital for one year.

trace67

Thank you. So if it gets taken from my transitional payments and there is back pay due, will this mean that I owe them money from the start? Sorry, that’s a bit confusing 🤔.

Kimi87

You won't owe them any money.

What I mean is the amount of backpay they owe you will depend on how much your Transitional Protection is.

LCWRA element is £416.19.

For example:

If your TP is £300, you'd be owed £116.19 in backpay for each month the LCWRA element is payable after the waiting period.

Or if your TP is £500, that would reduce to £83.81 and you wouldn't be owed any backpay.

trace67

ah, thank you so much x

trace67

hi again, so today I’ve got my statement as I’m due to be paid this week. As you said, my TP has been reduced by the same amount as LCWRA, but now they have also taken my carers component which leaves me £200 worse off!! Why have they done this? I still care for my daughter? Confused

Kimi87

The same person cannot receive both Carers Element and LCWRA. If entitled to both only the higher amount (LCWRA) is paid.

As the system was designed what happened used to be correct, but there was an Upper Tribunal hearing in October and the recently released outcome was successful for claimants.

The judgment was TP should be reduced by the difference between removal of CE and addition of LCWRA (£217.88).

Please see this thread which was posted this morning.

https://forum.scope.org.uk/discussion/130086/advice-for-claimants-re-disabled-carer-s-tp-errosion-due-to-lcwra-addition

If it was me I'd write a note on my Journal, using the Payment catagory, referencing the recent court ruling and requesting adjustments to the award in line with the decision.

If this is successful UC should confirm the underpayment amount via a letter added to your Journal, with payment following a few working days later.

This recent thread shows what should have happened

https://forum.scope.org.uk/discussion/129709/good-news-i-think-about-lwcra

trace67

still confused lol 🤦🏻‍♀️. But i have done as you suggested and referenced the court ruling in my journal. Lets see how this works 🤞. I already struggle, £200 is a lot to lose 😨. Have I worded it correctly?

I add for

reference, the recent court ruling SSWP v

MJ judgement, stating that ONLY the TP should be reduced by LWCRA, and

nothing else.

Please clarify

trace67

I add for

reference, the recent court ruling SSWP v

MJ judgement, stating that ONLY the TP should be reduced by LWCRA, and

nothing else.

Please clarify

trace67

Kimi87

That's not quite right, the judgment was TP should be reduced by the difference between addition of LCWRA and removal of CE.

The removal of Carers Element itself was correct, as you can now only get LCWRA.

trace67

🤦🏻‍♀️ do you think they may know what i mean though? 🤣

Kimi87

Yeah I do because you've given the court judgement reference.

trace67

thank you so much xx

trace67

me again, sorry to be such a pia, i’m truly upset and angry at the response I got from UC when I said what you suggested. I’ll try post the response. I’m stressing now about how I’m going to survive, i’m already on a very tight budget (like most), but they seem flippant and uncaring. They forced me into the transition, they told me I MUST fill in the form, then they go and do this. I have today requested a mandatory reconsideration, i daresay computer will still say no 🤯

trace67

Kimi87

Unfortunately poor advice from UC strikes again. It's true the same person cannot get both CE & LCWRA.

That's not what you are attempting to do, you are attempting to get your UC award adjusted as per the court judgement.

To have TP reduced by the difference between LCWRA & CE. Instead of what they have done.

Poor advice is sadly common from UC, the agent who answered clearly hadn't gotten the memo about the court case. Or misunderstood what you were asking.

If you feel you need more support with this, try local welfare rights

https://advicelocal.uk/welfare-benefits

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