Is LCWRA means tested? Can you claim both Carers Allowance and LCWRA? — Scope | Disability forum
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Is LCWRA means tested? Can you claim both Carers Allowance and LCWRA?

tee1993
tee1993 Member Posts: 9 Listener
edited October 2021 in Benefits and financial support
I wanted some advice regarding the limited capability for work and work-related activity and carers allowance. 

Last year I reported my fit note to Universal credit on the 5th February 2020. I was then assessed five months later around July 2020 via a telephone assessment, this was to assess whether I was capable to look for work. 

The assessor wrote to me later saying that they wanted to assess me again but face to face before making a decision, however due to the lockdown this was put on hold. 

So I was finally assessed last week and the decision maker sent me a letter on my UC journal with the outcome, it said that I've been awarded the limited capability for work and work-related activity (LCWRA).

Prior to the second assessment I had last week, I applied for carers allowance as I've been taking care of my mother. She receives both components of PIP (one standard and one higher rate). I met all the conditions so I applied about 2 weeks ago and I'm still waiting to hear from them. 

However I'm in a bit of a dilemma now as I'm unsure as to how this will affect any future payments that may be awarded. 

I have searched online and I found out that I should be eligible for the (LCWRA) £343.60 monthly. I wanted to know if this amount is means tested and whether this amount affects Universal credit. 

From what I've read online I'm not entirely sure if my findings are correct.  
If you receive both (LCWRA) and the carers element, will I be awarded only the one depending on what's higher? 

Comments

  • tee1993
    tee1993 Member Posts: 9 Listener
    edited June 2021
    I wanted some advice regarding the limited capability for work and work-related activity and carers allowance. 

    Last year I reported my fit note to Universal credit on the 5th February 2020. I was then assessed five months later around July 2020 via a telephone assessment, this was to assess whether I was capable to look for work. 

    The assessor wrote to me later saying that they wanted to assess me again but face to face before making a decision, however due to the lockdown this was put on hold. 

    So I was finally assessed last week and the decision maker sent me a letter on my UC journal with the outcome, it said that I've been awarded the limited capability for work and work-related activity (LCWRA).

    Prior to the second assessment I had last week, I applied for carers allowance as I've been taking care of my mother. She receives both components of PIP (one standard and one higher rate). I met all the conditions so I applied about 2 weeks ago and I'm still waiting to hear from them. 

    However I'm in a bit of a dilemma now as I'm unsure as to how this will affect any future payments that may be awarded. 

    I have searched online and I found out that I should be eligible for the (LCWRA) £343.60 monthly. I wanted to know if this amount is means tested and whether this amount affects Universal credit. 

    From what I've read online I'm not entirely sure if my findings are correct.  
    If you receive both (LCWRA) and the carers element, will I be awarded only the one depending on what's higher? 


  • calcotti
    calcotti Member Posts: 6,326 Disability Gamechanger
    edited June 2021
    The LCWRA element is part of your UC award. When you look at your UC statements you will see that there is a calculation showing how your maximum amount is worked out before any deductions are made.
    What you will now see is the LCWRA element included in the calculation which increases your maximum amount by £343.60. It should be backdated to about May last year.

    Claiming carer's Allowance will not increase your overall income because it will be deducted in full from the UC.
    You should tell UC that you care for your mother. As a carer you could be entitled to the carer element of UC - you do not have to claim Carer's Allowance to get this.

    In your case, as you suggest, you will not get the carer element because UC does not allow the payment of the LCWRA element and the carer element to the same person. You will get the LCWRA element because this is worth more.

    To summarise:
    You will see the LCWRA element included as an additional amount in the UC calculation (£343.60/month)
    You will see a deduction for the CA (minus £292.93/month)

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • tee1993
    tee1993 Member Posts: 9 Listener
    Thank you so much for your response, this makes sense. 

    I think I'm better not claiming for carers allowance as I wouldn't gain anything. 
  • calcotti
    calcotti Member Posts: 6,326 Disability Gamechanger
    edited June 2021
    tee1993 said:
    Thank you so much for your response, this makes sense. 

    I think I'm better not claiming for carers allowance as I wouldn't gain anything. 
    You do get Class 1 NI contributions rather than Class 3. Class 1 can help with claiming other benefits should you need to in the future whereas Class 3 only counts towards State Pension.
    https://www.gov.uk/national-insurance/what-national-insurance-is-for

    If you undertake any paid employment you do have to be mindful that you cease to be eligible for CA if your earnings exceed £128/week. There is no such limit on the carer element of UC.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • daddy920
    daddy920 Member Posts: 6 Listener
    I received LCWRA and still get carers allowance. You do lose cares element off UC. 
  • calcotti
    calcotti Member Posts: 6,326 Disability Gamechanger
    Discussed in your duplicate thread 
    https://forum.scope.org.uk/discussion/81208/carers-allowance-and-lcwra#latest

    (It isn’t helpful posting the same question in two places.)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • tee1993
    tee1993 Member Posts: 9 Listener
    thank you x 
    Sorry new here I wasn't to sure if I posted it in the right place. 
  • tee1993
    tee1993 Member Posts: 9 Listener
    Hi guys, I need further advice please. 
    I've been paid by carers allowance today and it was backdated to 5th November 2020. I'm also in receipt of Universal credit, I wanted to know does this backdated payment get recovered by UC again. I haven't claimed for the carers element neither. 
  • calcotti
    calcotti Member Posts: 6,326 Disability Gamechanger
    edited June 2021
    This was my previous answer on June 21 in the duplicate thread
    calcotti said:
    The LCWRA element is part of your UC award. When you look at your UC statements you will see that there is a calculation showing how your maximum amount is worked out before any deductions are made.

    What you will now see is the LCWRA element included in the calculation which increases your maximum amount by £343.60. It should be backdated to about May last year.

    Claiming carer's Allowance will not increase your overall income because it will be deducted in full from the UC.

    You should tell UC that you care for your mother. As a carer you could be entitled to the carer element of UC - you do not have to claim Carer's Allowance to get this.

    In your case, as you suggest, you will not get the carer element because UC does not allow the payment of the LCWRA element and the carer element to the same person. You will get the LCWRA element because this is worth more.

    To summarise:
    You will see the LCWRA element included as an additional amount in the UC calculation (£343.60/month)
    You will see a deduction for the CA (minus £292.93/month)
    The first thing you need to do is report your caring responsibilities to UC. You should have done this already. You should ask them to backdate it to the date your Carer’s Allowance starts from. They may refuse to do this because you didn’t tell them previously in which case you will need to persist.

    UC will recalculate your previous monthly entitlements. As explained in any month that you have already got LCWRA you will not get the carer element. If there are months before the LCWRA started those will get the carer element added to them. Based on the dates you have mentioned it seems likely that your LCWRA element will have been backdated to before November 2020, if that is the case you will not get the carer element at all.

    The Carer’s Allowance you received will appear as a monthly deduction.

    When UC recalculate your entitlement they will overwrite all of the relevant monthly statement so, if you want a record of the previous calculations you need to make copies now.

    Once they have completed the recalculations they will compare the results with what they previously paid you. This calculation will show that you have been overpaid UC. The overpayment will then be recovered by deduction from future UC payments.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Tori_Scope
    Tori_Scope Posts: 9,601 Scope online community team
    Hi @tee1993 :) I've merged your two threads, as they seem to be about the same topic. Don't worry about it, as I know one some forums it's worth posting in more than one category.
    Online Community Coordinator, she/her

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  • tee1993
    tee1993 Member Posts: 9 Listener
  • tee1993
    tee1993 Member Posts: 9 Listener
    Hi I need some further advice regarding my LCWRA. 

    I received my first payment on the 24th July however I didn't receive any backdated amount as expected so I messaged UC on my journal and this was the response.
     
    Hi 
    unfortunately you are not entitled to a backdated LCWRA payment as we have to wait 3 full assessment periods before we can included LCWRA in your payment.
    
  • calcotti
    calcotti Member Posts: 6,326 Disability Gamechanger
    edited August 2021
    If the 24th is your normal pay day then your UC period is 18th to 17th each month.
    You reported your health condition on 5th February which is in the January to February AP.
    You are not entitled to the LCWRA element until payment for the fourth AP after this. 
    So not entitled for Feb-March, March-April and April-May.
    should be included for May-June paid on 24th June

    Suggest you post a note saying
    I reported my health condition on 5th February. I calculate that the waiting period is therefore the 3 assessment periods from February to May and I should be entitled to the LCWRA element for the May to June assessment period and am therefore entitlement to one month of arrears.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • tee1993
    tee1993 Member Posts: 9 Listener
    Thank you I've just done that x 

  • tee1993
    tee1993 Member Posts: 9 Listener
    Hi hope you are well x 

    I need some further advice regarding my LCWRA. 

    I haven't been as active as I haven't been well, however I chased up UC regarding my assessment period and this was the response. 



    Hi,
    a note was left by the decision maker who awarded you LCWRA stating:
    'LCWRA awarded from the date the claimant started providing consistent fit notes as evidence that she is unfit to work from 25/02/2021. Although the claimant declared the health condition on 18/12/2019, she did not provide any fit notes after it expired in March 2020, until February 2021.'
    
    This is why you were awarded LCWRA from February 2021, if you would like to dispute this please leave me a journal message explaining why you would like to dispute this decision and I can raise a Mandatory Reconsideration for you.
    
    Kind regards
    
  • poppy123456
    poppy123456 Member Posts: 31,198 Disability Gamechanger
    When you report a health condition you're suposed to continue to send fit notes with no gaps until a decision's been made on your work capability assessment. Once a fit note is due to expire you will receive a reminder on your journal telling you, you need to get another fit note. As there was a big gap in the fit notes, a decision maker has decided to award you LCWRA from February 2021 and the 3 month waiting period starts from then and calcotti's calculation here is correct.
    calcotti said:
    If the 24th is your normal pay day then your UC period is 18th to 17th each month.
    You reported your health condition on 5th February which is in the January to February AP.
    You are not entitled to the LCWRA element until payment for the fourth AP after this. 
    So not entitled for Feb-March, March-April and April-May.
    should be included for May-June paid on 24th June



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