Lwcra mandatory reconsideration back payment

marko30
marko30 Online Community Member Posts: 7 Listener
in Universal Credit (UC)
Good afternoon 

In November my wife got her lwcra element awarded to her 
In return they said her payments won't change because I receive that element in which I don't so we got them to fix that mistake of theirs 
Then they said my wife cannot have the carers element or the our childs disabled element
We knew this was incorrect
They should only take my wife's carers element off not the child's
So still after all their mistakes we was still adamant they owed us 6 months back payment 
We went onto universal credit at then end of march 2019 which is when we started handing in her fit notes 
She was awarded in November 2019 
Universal credit are adamant her being awarded lwcra element as caused a over payment 
But we can't see how that's possible and welfare rights cannot see how this is possible 
So we put in for a mandatory reconsideration on the 28th of November 
Last week we received a note to say decision maker has not even looked at it so we was told to speak with our mp and we advised uc we was going to ask our mp to look into this 
Within a hour we was told our mr as been escalated and now with a decision maker and we would have a response by the 27th at 1pm 
Well that didn't happen and a note on Friday said that she is still looking at this and will be in touch soon 
We are now worrying that this isn't going to go in our favour 
But we cannot see how lwcra can be awarded and a carers element removed and it cause a over payment 

Are we doing the right thing fighting this? 


Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 63,193 Championing
    HI,

    The LCWRA element should have been paid from July 2019 BUT because your wife was receiving the carers element then the LCWRA element would not be paid for the full amount of £336. Instead they would owe you £176 per month from the July payment up until the carers element was removed.

    There would only be an overpayment if the carers element and the LCWRA element was paid to your wife at the same time.
    If they weren't then I can't see how you've been overpaid so yes, you're doing the right thing by requesting the MR.



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