UC and LCWRA reclaim within 6 months of closure due to money

mj2025

I was medically discharged from the Army in 2013 and have been unable to work since. I have never been able to claim UC until Aug 22 due to all the online calculators, CAB etc having incorrect information about discounting my Service Attributable Pension (SAP) as income. In Nov 24 I reported that my money had gone over the £6,000 threshold and then the £16,000 threshold a short time later and all within the same reporting period before the cut off date so did not receive any payment for that month. Therefore the claim was closed.

In Jan 25 my money went below the £6,000 threshold and I started to claim again but it started as a brand new claim. It has taken me a few months to complete the claim and I was told by an Armed Forces Champion (once they had checked) that my LCWRA will be linked on completing the claim so not to worry.

I was immediately given a work coach appt at the job centre and also less than 24hrs to attend with nearly 3 yrs of bank statements and spread betting statements. They wanted them all printed off and in person which I thought was strange as everyone else is able to upload them.

I questioned why I cannot upload them and was told by my case manager it was due to GDPR and had to be in person. I also do not have the ability to print hundreds of pages to which they did not seem to care.

The case manager stated that having LCWRA applied again does not count in my case as it was closed due to capital over £16,000.

The advice I used at (https://data.parliament.uk/DepositedPapers/Files/DEP2023-0365/129_Reclaims_V10-0.pdf) seems to state that it is allowed to reclaim LCWRA and I think the case manager is just spinning the wording. It clearly states the claimants level of income or earnings which covers both non-working and working. I do not understand how having more money suddenly makes your disabilities disappear.

I have had to cancel a work coach appt last week as this has caused the pain and spasms to spike and making other issues worse. This has been re-arranged for later this week but I will probably have to cancel again because of the severe pain and lack of movement. Should I ask for a telephone call?

With regards to giving bank statements etc, I understand they want to see where my money has gone but why am I being told to attend in person with printed copies? I have also seen a thread about it being against procedure and using PIP legislation to get people's bank statements.

This whole process is causing me great distress and severe pain and I do not know what to do and am at the point of just closing the claim as my health is more important at the moment. Going through the claim process in 2022 was horrendous with work coaches ignoring all the information about my disabilities and PIP etc and I do not know if I can face all that again.

I am sorry for a long post but I would really value some advice on how to go forward with the correct information of what is required.

Kimi87

Statements can only be uploaded during a UC claim check. The legislation complaint relates to those checks.

They need to satisfy themselves you haven't deliberately deprived yourself of capital in order to claim UC.

Reporting of savings over £6k also requires paper statements in person so there is precedent.

You might benefit from advice via a local welfare rights organisation.

https://advicelocal.uk/welfare-benefits

noonebelieves

@mj2025,

I’m so sorry to hear about your situation. The Scope experts have provided some great guidance. I’m also dealing with a tribunal case and have sought advice regarding my LCWRA closure under entirely different circumstances.

I’m not legally qualified in any way-just a disabled person who understands how distressing this can be. However, I hope some of the following guidance might help you in arguing your case(if relevant at all):

See Regulation 41(1)(a) and (b) of the Universal Credit Regulations 2013 (see this LINK). See also Advice for Decision Makers G1: Work Capability Assessment Paragraph G1020. (see this LINK).