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What do I do now I’ve finally been awarded LCWRA

DeeOxnardDeeOxnard Member Posts: 8 Listener
edited July 21 in Universal Credit
I was diagnosed with a stroke, FND, complex regional pain syndrome, osteoarthritis in February 2019 after a car accident, I used my sick pay from work, and claimed the New ESA for 12 months after my sick pay ran out, at the end of the 12 months on the new ESA I was told I could no longer claim it I needed to transfer over to universal credit While waiting for my work Capability assessment we were transferred over to universal credit but we never received any payment due to them saying my husband was earning too much even though my husbands wages were only £1250 a month as he reduced his hours to support me at home as I was struggling with every day tasks, in September 2020 I was dismissed from my job due to non-capability of me being able to carry out my job roll, I’ve been waiting for my work capability assessment since August 2020 this was nearly 12 months ago due to Covid.
during all the time of my sickness I have provided sicknotes to the Department of work and pensions and universal credit this week I received confirmation from my work capability assessment that I have finally been awarded LCWRA, I was told by the Department of work and pensions that once the assessment was done I could either stay on universal credit or go back to ESA but I’m not sure which would be the better outcome.
Will my entitlement amount to any benefits be backdated and would I be better off on universal credit or on ESA
I found this all really confusing any information or advice would be fantastic thank you Dee

Replies

  • calcotticalcotti Member Posts: 2,132 Pioneering
    edited July 20
    You can receive both ESA and UC, there is no need to choose. You could get ESA and a small UC top up.

    You should get backdated benefits.

    There is no way of knowing whether or not UC will pay more than ESA without knowing your circumstances. Do you have any children? Do you rent your home?

    Now that you have been found to have LCWRA you should ask UC to recalculate your entitlement for the whole of your claim. Because you have LCWRA your maximum entitlement will increase and some of your husband’s earnings will be ignored. What is your husband earning now?

    Regardless of whether or not UC pays more or less than ESA if your husband’s wages may increase it makes sense to maintain an ESA claim because this is not affected by his wages whereas any increase in his wages would reduce the UC payable.

    However one difference between ESA and UC is that ESA is taxable income whereas UC is not.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • DeeOxnardDeeOxnard Member Posts: 8 Listener
    My husbands take home pay is £1250 month it was £1400 month before he reduced his hours at work he did this One I was on the new style ESA, we don’t have any children living at home with us we are both in our 50s luckily enough I have no mortgage either I finish my mortgage six months before I became ill, Will universal credit automatically work alongside ESA, and do I need to get in touch with ESA direct them now that I am LCWRA or will universal credit do this for me,
    Because I was transferred from ESA to universal credit because of Covid delaying my work capability assessment Does that mean if I had of stayed on ESA I would’ve been put in the support group,
    My husband and I have really struggled while waiting for my work capability assessment going from having two incomes to one part time I’m just glad this nightmare is over I can finally Buy my own deodorant and pay for my prescriptions Without having to ask my husband for money 
    i’m a little confused on what benefits I can claim for any advice or help would be fantastic thank you Deeee
  • calcotticalcotti Member Posts: 2,132 Pioneering
    edited July 20
    Now that you have LCWRA you should be entitled to £114.10/week ESA (in the Support Group). There will be no UC entitlement. If you got rid of the ESA, assuming no other income than husband’s earnings and no savings over £6000, the UC would be worth £110/week but this will reduce to £80 in October when UC rates drop.

    Seems sensible to maintain the new style ESA claim. I don’t know how DWP manage a situation like this. I suggest you contact ESA and ask them to reinstate the ESA and pay arrears due. You could also post a note in your UC journal saying that reinstatement of ESA is what you want to happen. 

    The above assumes that you are not getting PIP and your husband cannot therefore get money for looking after you. If you do get Daily Living PIP and he can claim carer element of UC then some UC would be payable in addition to ESA.


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • DeeOxnardDeeOxnard Member Posts: 8 Listener
    I do get the enhanced rate of PIP it shows on universal claim he’s my carer but he’s never been paid it as they say he earns too much which is £1,250 a month, 
    on ESA my coach said if I was awarded LCWRA I would get £114.10 a week but put in a group and do not need to look for work or give sicknotes anymore.
    my friend said if I’m not getting help with my care from UC then I need to look at 

    Enhanced disability premium

    You must get the disability premium or income-related ESA, and one of the following:

    • PIP daily living component at the higher (‘enhanced’)

    You’ll also get this if you’re in the support group for income-related ESA.

    So still confused also am I entitled to prescription, glasses, & dental treatment I’ve really suffered with my teeth but on my husbands wage just couldn’t afford dental care. 


    Thank you for answering me Dee

  • chiariedschiarieds Community Co-Production Group Posts: 9,077 Disability Gamechanger
    edited July 20
    Hello @DeeOxnard - & welcome to the community, Dee. I'm sorry to read about all the medical problems you're facing, & the loss of your job.
    Unfortunately the disability premiums, including Enhanced, are additional payments if someone is receiving income related benefits such as with income related ESA as your link above shows. New Style ESA, which you've claimed, is however contribution based, so you wont qualify for a disability premium.
    As far as help with prescriptions goes, again unfortunately having a contribution based benefit means you wouldn't necessarily qualify, unless on a low income. Please see: https://www.nhsbsa.nhs.uk/help-nhs-prescription-costs/free-nhs-prescriptions    &
    https://www.nhsbsa.nhs.uk/nhs-low-income-scheme    Again, unless you qualify for the low income scheme, you wouldn't get free NHS dental treatment. Even with UC, free dental care seems to be based on your last assessment period, taking into account your husband's income, & would need to be less than £935 for the month before claiming.
    What may be helpful is getting a prescription prepayment certificate, depending on the number of prescriptions you need. The following link explains: https://www.gov.uk/get-a-ppc
    Sorry I can't be more (hopefully) helpful than that. :)
  • calcotticalcotti Member Posts: 2,132 Pioneering
    edited July 20
    Your friend is misleading you. Premiums, such as enhanced disability premium, relate income based ESA which many people still get but for which new claims cannot be made. You do not get that type of ESA so the premiums are irrelevant.

    I calculate you will be entitled to £114.10/week of ESA (paid fortnightly) and, as your husband is entitled to the carer element of UC, a UC top up of £146/month (this will drop to £59/month from October). 

    You will not be passported to free prescriptions, optical vouchers or free dental care.
    See
    https://www.nhs.uk/nhs-services/help-with-health-costs/help-with-health-costs-for-people-getting-universal-credit/
    However you will have the ESA and UC income.

    You are entitled to a payment of both ESA and UC arrears.

    Note that when UC recalculate your entitlement they will place new statements in your UC journal. These will replace the old statements so if you want a record of these you need to make copies of them now.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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