If I claim carers premium on top of UC, will my son lose out on LCW element?

Rachael2188

Hello everyone!  Hoping someone can help with this query.  My son is getting universal credit as the usual rate for under 25's and he also receives PIP for cerebral palsy,at the enhanced rates.  I think he is entitled to the limited capability for work element of UC which we would likely apply for if I can understand the following:

I am currently having to switch from being on Income support & carers allowance to universal credit myself.  I presume that because I have been his carer, that I would get the carer's premium added to my universal credit but if I receive carer's premium, is my son still entitled to the limited capability for work element of universal credit for himself?

In other words, If I claim the carers premium on top of my universal credit, will he lose out on being eligible for the limited capability for work element of UC?

Thank you in advance.

Rachael

calcotti

You claiming Carers Allowance and/or carer element of UC has no impact on whether your son can get the LCWRA element of UC. (You are probably thinking of rules to do with the Severe Disability Premium in older benefits.)

Did your son declare his health condition when he applied for UC. If so he should have been sent a UC50 health form as the start of the assessment process.

Rachael2188

Thank you very much Calcotti!  He did declare his health condition and we told them he gets mobility and care PIP enhanced but we did not fill in the UC50 form when he applied as it was all a bit confusing for me at the time. It was during the initial covid lockdown and contacting our doctors was somewhat difficult.  Do I have to request the UC50 form now?  Thank you again.

calcotti

Did he not get any messages from UC when he failed to return the UC50?

Completing and returning the UC50 is the first part of the Work Capability Assessment. You don’t need input from your doctor to complete this.

Rachael2188

No he didn't hear from them about it again as far as I know.  They have been missing quite a few appointments with him since his claim began.   He has recently had a new advisor as the other one just stopped calling.  

calcotti

If none has been done he needs to request a work capability assessment. Has he been providing continuous Fit Notes?

Rachael2188

We didn't provide any fit notes either.  They may well have requested me to do that via the initial phone call but the lady we spoke to was very unclear and I was confused about it all at the time.  I'm pretty sure we'd be starting from scratch in that area now.  He has just been getting the basic universal credit for under 25's.  I don't mind starting the limited capability for work part now if that is possible.  I will get him to request it via his journal. Thank you again!

calcotti

He needs to report his health condition in his his journal but needs a Fit Note from his GP to support this. When the UC50 arrives it needs to be completed and returned by the due date. Send copies of any relevant medical information you already have.

Rachael2188

Thank you so much for your help Calcotti.  I will do all of that.  

poppy123456

When you claim UC for yourself, you need to make sure you report that you are caring for him and then the carers element (not carers premium) will be added to your maximum UC entitlement. It is not automatically added, even though you're claiming Carers Allowance.