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Can my partner claim LCWRA

braca
braca Member Posts: 102 Member
edited December 2021 in Universal Credit (UC)
Partner and I started claiming UC December 2020 joint claim, I reached State pension October 2021 and partner is 64 so still working age,partner is unable to work as diagnosed with Dementia. We both claim pip and partner is classed as LCW, I had heated chat with her UC work coach who wanted partner to visit Jobcentre on her own early November and I tried to explain to him through Journal that she could not attend on her own and it was then agreed a phone call would be sufficiant again I had to explain she can't process information and would have to be myself who spoke on her behalf, outcome was work coach said my partner would have to hand in sick note otherwise she would still be contacted every 3 months.
I did manage to get sick note from Doctor on partners behalf and informed UC through journal and only response since has been Agent has been advised.
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Comments

  • calcotti
    calcotti Member Posts: 3,800 Disability Gamechanger
    To be treated as having LCW your partner must have had a health assessment previously. Because he has LCW he would be expected to engage with the work coach from time to time. If his health has deteriorated he needs to declare this and can ask to be reassessed to see if he can be treated as having LCWRA.

    Did you challenge the decision that he only has LCW?

    Note that if he cannot process information you can ask to become his DWP appointee which allows you to act on his behalf.
    https://www.gov.uk/become-appointee-for-someone-claiming-benefits

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Member Posts: 25,649 Disability Gamechanger
    I note that you're claiming PIP, if this includes the daily living part, is your partner claiming the carers element for looking after you? If they claim this then there will be no work commitments.
    You do not need to be claiming Carers Allowance to be entitled to the Carers element. You just need to be caring for the person for at least 35 hours per week.
    You can also only receive 1 LCWRA element on a claim so if you're claiming this yourself then you need to think whether it's worth going through the work capability assessment process because of all the stress it causes.
  • calcotti
    calcotti Member Posts: 3,800 Disability Gamechanger
    edited December 2021
    Good spot, poppy. Of course if partner has dementia they may not be able to be a carer.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • braca
    braca Member Posts: 102 Member
    When partner and myself first claimed UC I was getting ESA support group and partner was my Carer and given Carers element partner had to put in sick note as advised by work coach at time, I was given LCWRA and partner LCW partner was not sent UC5O form or had any assesment and message sent by work coach in journal says will be reviewed March 2022
    Partner was awarded full PIP paper based for ongoing period early February 2021  for claim started August 2020, Partner asked UC to stop carers element due to PIP award
    I myself retired October 2021 and get state pension and ESA payment stopped
    Now what I am thinking as partner is still of working age 64 and not capable of holding down any type of job and believe she should be reassessed and awarded LCWRA ( my own opinion ) she most certainly meets a few of the descriptors required for award.
  • calcotti
    calcotti Member Posts: 3,800 Disability Gamechanger
    braca said:..Partner asked UC to stop carers element due to PIP award
    People who get PIP can also be carers so there was no need to do that - unless of course he is no longer capable of caring for you.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Member Posts: 25,649 Disability Gamechanger
    I receive PIP and still claim Carers Allowance for looking after my daughter. My caring duties do not contradict the reasons why i claim PIP. There would be no work commiments if your partner claimed the carers element. You don't have to physically do anything when being a carer, simply just sitting with the person you care for is enough.
  • braca
    braca Member Posts: 102 Member
    Poppy 12345 Thank you for your kind response and also Calcotti, I am now retired and on state Pension and just want to know that my partner who is still working age ( 64 ) and is not capabale of holding down  any type of employment and who was by UC put into lower group as I had transferred to UC from ESA support group and did realise that only only one partner could claim this benefit on UC
    What I am asking is now that I have reached retirement age and get State pension my partner should be put into the higher group and paid money due as not capable of working.  Poppy my partner cannot sign her own name and has trouble proccessing information and daily activities So do not think she is capable of being my Carer, you mentioed about Caring for daughter but are you also eligable for ESA under UC ?
  • poppy123456
    poppy123456 Member Posts: 25,649 Disability Gamechanger
    If you are currently receiving the LCWRA element in with your UC for yourself then your partner will not receive this even if found to have LCWRA because as advised, you can only receive this once per claim. So there wouldn't be any money owed.
    Yes, i also claim ESA in the Support Group (i do not claim UC)  i receive PIP and also claim Carers Allowance for looking after my daughter.
    A carer doesn't need to do anything physical. I don't do anything physical for my daughter i'm just there to guide her and support her through everyday things.. give advice on what suitable clothing to wear, help her pay her bills, make sure the bath/shower isn't too hot for her to get into. Be there for her to talk to because she has no friends, she doesn't go out alone.
  • calcotti
    calcotti Member Posts: 3,800 Disability Gamechanger
    edited December 2021
    If you are currently receiving the LCWRA element in with your UC for yourself then your partner will not receive this even if found to have LCWRA because as advised, you can only receive this once per claim. So there wouldn't be any money owed. 
    Although true that only one LCWRA element can be paid in this, as OP is a carer, if partner was found to have LCWRA, they could get that and OP would get the carer element so maximum UC amount would increase.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Member Posts: 25,649 Disability Gamechanger
    Agreed but i was just trying to save them from going through the work capability assessment process because i know just how much stress it causes people, myself included. The WCA is always my worst nightmare.
    Just pointing out that being a carer for someone can just mean sitting with them, rather than physically doing something.
     
  • calcotti
    calcotti Member Posts: 3,800 Disability Gamechanger
    Just pointing out that being a carer for someone can just mean sitting with them, rather than physically doing something.
    Agreed. Only OP can know whether in this case that would be meaningful or whether dementia means partner would not be able to react meaningfully if help was needed.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • braca
    braca Member Posts: 102 Member
    @poppy123456 and @calcotti I was in ESA support group and partner was my Carer when we were advised to apply for UC as we were Social tenents with savings dwindling fast and ill health December 2020, partner was waiting on PIP decision due to  the help she required every day ( dressing herself, toilet issues, not able to go out on own ect ) I was given LCWRA and partner WCA due to UC couple rule, my partner was never asked to fill in application ( UC50 ) ? or told she would have to be assessed and message in journal says she would be reviewed March 2022.
    My ESA stopped on October 2021 as reached state pension age 66 and as mentioned partner is 64 and will never hold down any type job/work position again,
    I think financially going down the LCWRA route is the right choice for partner.
    Thanks again for advice already given.





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  • SarahUCE
    SarahUCE Member Posts: 33 Pioneering
    braca said:
    I think financially going down the LCWRA route is the right choice for partner.
    In your current situation your partner being awarded LCWRA won't increase your UC award @braca. Although your ESA stopped when you hit state pension age, you should be still receiving LCWRA on Universal Credit. Is this still on your award at the moment?




  • calcotti
    calcotti Member Posts: 3,800 Disability Gamechanger
    edited December 2021
    SarahUCE said: In your current situation your partner being awarded LCWRA won't increase your UC award @braca
    OP has said that they do not consider their partner capable of being treated as a carer. If that is true then partner getting LCWRA will allow the LCWRA element to be paid for them (as well as removing work commitments) and OP can then get carer element as they will no longer be getting LCWRA which will increase the award.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • braca
    braca Member Posts: 102 Member
    Thank you SarahUCE Having looked back at our payments you are correct and that is still in place. My main concern was that my partner was being asked to attend Job Centre and had many arguments with work coach who was insisting she must attend but came to agreement that phone call would suffice as previously agreed with work coach who had since moved on, I am only trying to protect my partner from all this nonsense as she can't process information, Calloti and Poppy have been very helpfull with information and I may have to have rethink what route to take, As poppy mentioned can my partner be my Carer by just being in house and giving myself encouragment on daily basis ? I am stressed out of my box at times and find it hard to cope as have issues  of my own ( mental health recent Hip replacement with other one pending ) Having to claim UC has major impact on ones Mental health.
  • SarahUCE
    SarahUCE Member Posts: 33 Pioneering
    If your partner was listed as your carer then she wouldn't be required to take part in meetings any more and your overall award would increase by £163 a month. 
    Emotional support, encouragement, prompting and supervision all count as care and they won't ask you to detail the care or justify it. Remember the 35 hours includes overnight, weekends and evenings and she doesn't even need to be physically with you. 
    Your alternative is to keep submitting fit notes for her, wait for her to have a Work Capability Assessment, wait for a decision (and hope she's awarded LCWRA). During which time she'd have to keep up any commitments, including meetings. 

    You can also report her as a carer and continue to submit fit notes to continue the WCA process.

    To report herself as a carer (if that's your choice), she'd need to be logged on as her account (rather than yours), go to Homepage ~ Report a Change ~ Caring for someone.

    It'll ask:
    • What date she started caring
    • Whether the person she cares for receives PIP/DLA/AA
    • For her to confirm she cares for 35 hours a week
    • Who she cares for and their name, address date of birth and relationship
  • braca
    braca Member Posts: 102 Member
    @SarahUCE Thank you for advice, I was under the impression that my partner who has Vascular Dementia could not be my Carer, I now understand as @poppy123456 mentioned being at my side is giving support and prompts me daily as we are very rarely apart.
  • braca
    braca Member Posts: 102 Member
    @SarahUCE Thank you for advice, I was under the impression that my partner who has Vascular Dementia could not be my Carer, I now understand as @poppy123456 mentioned being at my side is giving support
  • braca
    braca Member Posts: 102 Member
    @SarahUCE, Calcotti and Poppy
    My partner put in for change of circustances to become my carer and not sure what will happen with the LCWRA claim now ?
  • Adrian_Scope
    Adrian_Scope Posts: 8,363

    Scope community team

    Hi @braca. Do you mean your LCWRA claim or your partner's?

    There will be no change for yours.

    As you've began handing in fit notes for your partner, the WCA process will continue unless you ask them not to or stop providing fit notes. Even now they are reported as a carer, you can continue the process so they also have LCWRA in the background, but in your current situation there is no financial incentive to doing so. 
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