LCWRA but no UC claim?

Jooles92

Hello,

During the pandemic my employers at the time were ... Unsympathetic to shielding shall we say and some of their behaviours had a large impact on my mental health, which then greatly impacted my physical disability and chronic fatigue. 

For many many months I was on SSP and applied for UC to top this up. I began to feel that, due to multiple jobs where they were not accomodating to my disability and their actions made me continuously ill, that perhaps I should not be working. I was sent a form to see if I was entitled to LCW or LCWRA, many months passed after sending the form and no assessment or date was given. Eventually I ended up leaving said job and due to the new job I was offered, working at a disability charity where there is an understanding on 'bad days', very flexible working and a more accepting attitude, as well as it being remote, I accepted this position as I felt I may well be able to work efficiently here. 

Fast forward to a year after I put in my application and I was told that I had an assessment date for LCW/LCWRA. My universal credit claim is now closed, between myself and my partner our earnings are too high and so UC closed the claim. However, the DWP were insistent that I should still do the assessment and it would be beneficial to me. What outcome could this actually have for me with a closed universal credit claim? Are there other reasons why a decision on this may help? If they decide that I shouldn't be working, what happens then? Should I consider reducing hours and with this decision could I apply for new style ESA if I'm below the 16 hours (dependant on national insurance credits). I'm just wondering if I've wasted my time doing the assessment? 

calcotti

I'm surprised that they are going ahead with the assessment if the claim is now closed.

If you have the assessment and if you are determined to have LCW or LCWRA the decision would be backdated so it could mean you are owed money from when the claim is active. For LCWRA there would be extra entitlement but if you had earnings while getting UC and were, at that time, not eligible for a Work Allowance because no children on the claim even getting LCW would increase the UC due because a Work Allowance would need to be factored into the earnings deduction calculation.

Jooles92

Thank you for your reply, I was also shocked but both advisors who called regarding the assessment (not from UC) told me yes, it should definitely still go ahead. 

At the time I was only earning SSP and I was submitting sick notes periodically as requested. I do have a child on my claim under 16. 

calcotti

Jooles92 said:  I do have a child on my claim under 16. 

So you will already have had the Work Allowance applied. That means being found to have LCW would not affect your entitlement but being found to have LCWRA would.