LCWRA

Que

Hi Everyone 
just need some clarification please- very confused- my contribution ESA finished August 2021.
received ESA50 form in September I filled it in and sent off had my assessment in November 21 & only got 9 points did MR & and received a revised Decision with 15 points.
The letter stated I would get  another letter to explain the award.NO letter so called up today after a 1 hour wait I got to speak to someone & am told I will get a call within 3 days.
my question to you lovely people is can LCWRA be paid without applying for Universal Credit ?
am so confused 
thank you in advance
x

calcotti

LCWRA is an element of UC and cannot be paid separately.
Moreover getting 15 points on the Work Capability Assessment does not get you LCWRA, it gets you LCW for which there is no extra money in UC.
For new style ESA if you only have LCW your ESA ends after 12 months (it sounds as if this is what happened to you).

To get LCWRA or be put in the ESA Support Group you have to satisfy one of the LCWRA descriptors or be at serious risk.
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

If you disagree with the decision you can challenge it by requesting a Mandatory Reconsideration

poppy123456

You can see the descriptors here for the Support Group https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/support-group-descriptors

Substantial risk criteria here. https://wcainfo.net/issues/substantial-risk-lcwra

Que

Thank you it makes a little sense.
I have never been on universal credit I don’t know why they sent this formESA50 it’s all very confusing when you don’t know.
I will for their call.
on the letter it said it will be reviewed in 2023  x

calcotti

Que said:

Thank you it makes a little sense.
I have never been on universal credit I don’t know why they sent this formESA50 it’s all very confusing when you don’t know.
I will for their call.
on the letter it said it will be reviewed in 2023  x

The ESA50 form is sent in connection with an ESA claim. When did you claim? Have you filled one in before? 
If you have been found to have LCW then, even if you are not being paid anything, you will be credited with Class 1 National Insurance credits.

Que

Hi
i claimed Contribution based ESA from August 20 when my SSP finished the ESA 50 form didn’t come till September 21thus is where am confused.

calcotti

Que said:

Hi
i claimed Contribution based ESA from August 20 when my SSP finished the ESA 50 form didn’t come till September 21thus is where am confused.

That is a ridiculous delay. It should have been sent when you claimed. If the decision had been to place you in the Support Group then your ESA would have been reinstated and you would have continued to receive it (at a higher rate). Unfortunately if it is LCW only you are only entitled to be paid for 12 months but, as mentioned earlier, you will get Class 1 N credits which will count to wards your future State Pension entitlement.

poppy123456

When was the MR decision made? If it was more than a week ago and you were placed into the Support Group/LCWRA then i would have expected you to have received any money that's owed to you by now.

However, if it said you scored 15 points this indicates to me that you were placed into the WRAG/LCW.

That's rather a long time to have to wait for the ESA50 form but it has been known for it to take that long because they do sometimes overlook referrals being made.

Have you used a benefits calculator to check entitlement to UC? If you have savings/capital of more than £16,000 you'll be excluded from claiming. If you live with a partner you claim as a couple and both of your circumstances will be taken into consideration. Benefit calculator here. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=5372688e-b4fd-488d-80c5-1a8e52859fb4

Que

This is the letter I got.
I don’t need anymore NI credits as I have worked for 42 years without a break gap .

poppy123456

The letter clearly says you've been found to have LCWRA which is Support Group for ESA. When did you receive that letter?

Que

10 February 2022

poppy123456

Hopefully someone will ring you within 3 days. It could just be taking longer than usual to calculate everything they owe you.

calcotti

That means that you are entitled to ESA. You will be paid £114.10/week backdated to the 14th week of your claim. 

The 15 points is irrelevant as the last sentence says you satisfy one of the Schedule 3 activities which are the Support Group activities.

Que

Will it continue till the date they have stated or will I just get the back dated?
you both have so helpful & clear 
Thank you so much! X

calcotti

You will get the arrears and then you will be paid fortnightly indefinitely until such time as you are sent a new ESA50 and reassessed at which time it would stop if they then decide you no longer have LCWRA. Any review date is advisory only and DWP may choose to reassess at any time or may do so later than the date advised.

Que

Than you🙏🏻

Que

Hi
its me again
need your help.
I am in the support group esa and have been off work for over 3.5 years but my job remained open until now when my employer offered me reduced hours and reasonable adjustments so I agreed to go back working 10 hours a week. went back to work last week on phase return for the 3 months.
it never crossed my mind that I have accrued holidays which I think they will pay me in a lump sum will this breach my ESA ?
Does ESA stop and then continue or you have to re-apply.
I am really worried now I wish I hadn’t said yes to work not sure I will cope but would have the ESA as back up
can anyone help me please
thank you
x

Que

Anybody who can help?

poppy123456

You need to tell ESA that you're working and you'll need to fill out the PW1 form. You must make sure it's less than 16 hours/week and earn no more than £167/week. 

Any earnings you receive for annual leave will be classed as earnings because you have returned to work and if it's more than £167/week then you won't be entitled to ESA.

Alex_Alumni

Hello @que thanks for reaching out about this, I'm afraid I'm not too sure about what happens with accrued holiday and ESA.

Does your employer have a long term absence policy? There might be something in there about lump sums of holiday pay. Hopefully our members can also share their thoughts with you as well. 

Que

thank you very much to both