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UC and (CB)ESA. Should LCWRA been added from the start, or does CB ESA prevent this?

ConfusedClaimer

Hello everyone. New here but have searched high and low for a definite answer but can't seem to find one. My mind is boggled and i'd appreciate some help if possible.

I have been claiming (CB)ESA since 2017, i am in the Support Group.

My partner was made redundant from his Job in July 2019 and thus we started a claim for Universal credits. They were aware from the start that i was on (CB)ESA and in the Support Group but nothing more was said about it.

My payments per month look something like this;

Standard allowance (couple) - £594.04
Housing - £424.36
Children (One) - £281.25

>Deductions<

ESA - £492.05

Am i correct in thinking that a LCWRA element should have been added onto the UC claim from the start? Or because im on (CB)ESA the element is not included?

Thank you, from a confused soul!

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Comments

calcotti

You are correct. The LCWRA element should be included.

Post a note in the payments section of the UC journal along the lines of:

As you know I am in receipt of ESA in the Support Group and was at the time we claimed UC. A deduction for this is shown on our Universal Credit statements.

I believe this means that the LCWRA element should have been included in the calculation of our maximum entitlement from the start of our claim. Please review all previous statements and issue a payment for any arrears due.

ConfusedClaimer

I was pulling my hair out trying to find a definite answer. Thank you so much for the quick response, have posted a note in my journal now so will see what gets said.

A couple more questions if you don't mind;

Can they refuse to backdate it on the grounds that i never requested a limited capability for work at the start of the claim or should that not matter since i was already on Support Group ESA at the time of the claim?

Do you know how much extra per month i will gain from LCWRA element? It won't be the full £336.something but more like £170, is that correct?

Thank you once again!

calcotti

ConfusedClaimer said: Can they refuse to backdate it on the grounds that i never requested a limited capability for work at the start of the claim or should that not matter since i was already on Support Group ESA at the time of the claim?

No. It's a legal entitlement and they should have processed it automatically.

ConfusedClaimer said: Do you know how much extra per month i will gain from LCWRA element? It won't be the full £336.something but more like £170, is that correct?

Why would you think it will be less? You are entitled to the LCWRA element in full. In 2029 that was £336.20, last year that was £341.92/month, it is now £343.63.

That should be a substantial arrears payment.

Do you receive PIP? If so does that include the Daily Living component?

ConfusedClaimer

Glad to know they can't fight the backdating, or at least they shouldn't.

Let me explain why in my head i thought it would be less.

If i move solely over to UC there would be a base payment of something like £317 and then on top the LCWRA £343. Getting ESA + LCWRA would work out as more than this. But maybe im just making things complicated (most likely haha)

So when/if the LCWRA element gets added onto my claim will my payments looks like this;

Standard allowance (couple) - £594.04

Housing - £424.36

Children (One) - £281.28
LCWRA - £343.63

>Deductions<

ESA - £492.05

And then £452 a month from ESA?

Just seems alot that's all!

calcotti

ConfusedClaimer said:

Getting ESA + LCWRA would work out as more than this.

No it doesn't because the ESA is being deducted in full from your UC.

ConfusedClaimer said:
So when/if the LCWRA element gets added onto my claim will my payments looks like this;

Standard allowance (couple) - £594.04
Housing - £424.36
Children (One) - £281.28
LCWRA - £343.63

>Deductions<

ESA - £492.05

And then £452 a month from ESA?

Yes - except that the amount you are getting from ESA is £492.05/month not £452. There are more than 4 weeks in a month. (All the amounts on your future statements will be slightly higher due to recent annual increases.)

calcotti

Do you receive PIP? If so does that include the Daily Living component?

ConfusedClaimer

Sorry, yes £492.05 not £452. Thank you for clearing that up, it makes a lot more sense.

I do not claim PiP. I had a very nasty assesor with 80% of my answers being lied about on her side and thus failed my assesment and was too mentally and physically drained to fight it.

calcotti

ConfusedClaimer said: I do not claim PiP. I had a very nasty assesor ..and was too mentally and physically drained to fight it.

Understood. I only asked in case your partner was missing out on the carer element. Perhaps you'll let is know whether you get the LCWRA sorted.

ConfusedClaimer

I will definitely keep you updated. Thank you so much for all of your help!

Cas1979

Hi everyone hope use are enjoying ur wkd, sorry to ask this but just to confirm I would be paid my standard rate off universal credits and an extra £343 im just confused with it all thanks again

Ross_Alumni

Hello there @Cas1979

Were you intending to make your comment over on this thread? Rather than the one it is currently on, which is from the middle of last year.

poppy123456

Cas1979 said:

Hi everyone hope use are enjoying ur wkd, sorry to ask this but just to confirm I would be paid my standard rate off universal credits and an extra £343 im just confused with it all thanks again

Yes, it’s paid on top of everything else. Please have another read of your thread here https://forum.scope.org.uk/discussion/88390/hi-my-name-is-cas1979-im-confused-on-how-universal-credit-works#latest
you posted the same question which was answered this morning.

Cas1979

Ohh sorry am I doing it wrong sorry not sure how to use it properly sorry again

poppy123456

Cas1979 said:

Ohh sorry am I doing it wrong sorry not sure how to use it properly sorry again

You haven't done anything wrong. It's just you asked the same question on your other thread, which is why i posted the link to your thread. If there's anything you don't understand on your thread then please do ask and i'm sure someone will help you further.

Cas1979

Thank you sorry not used this before do not really know how to do it yet Thank you for you help

Ross_Alumni

It's no problem at all @Cas1979, sometimes it can take a while to get used to platforms like this.