LCW and Carers element

Smithy1
Smithy1 Online Community Member Posts: 2 Listener
I’ve been LCW on UC for a while now and I’ve recently started caring for my mother. 
My adviser told me to apply for carers element so I did but because I’m LCW I can’t get the payments for the carers element. 
Has anyone had this problem and knows how to get around it? Or how to come off the LCW.
I’ve been told in entitled to both but the LCW is cancelling it out. 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    edited May 2022
    Smithy1 said:
    I’ve been LCW on UC for a while now and I’ve recently started caring for my mother. 
    My adviser told me to apply for carers element so I did but because I’m LCW I can’t get the payments for the carers element. 
    Has anyone had this problem and knows how to get around it? Or how to come off the LCW.
    I’ve been told in entitled to both but the LCW is cancelling it out. 

    When claiming LCW and receiving the extra money, you can't claim both and instead you'll receive the higher element, which in this case would be the Carers Element.
    It's exactly the same for those claiming LCWRA and they can't receive carers element as well. For those in this situation again the higher element will be paid, which would be the LCWRA element.
    For you to claim Carers element then your mother muct be claiming a qualifying disability benefit such as PIP daily living, DLA mid/high rate care or Attendance Allowance. Claiming carers element for looking after her could affect any other benefits she may already be claiming. If she's claiming Severe disability Premium in another benefit then this will end if you claim Carers element.

  • Smithy1
    Smithy1 Online Community Member Posts: 2 Listener
    Smithy1 said:
    I’ve been LCW on UC for a while now and I’ve recently started caring for my mother. 
    My adviser told me to apply for carers element so I did but because I’m LCW I can’t get the payments for the carers element. 
    Has anyone had this problem and knows how to get around it? Or how to come off the LCW.
    I’ve been told in entitled to both but the LCW is cancelling it out. 

    When claiming LCW and receiving the extra money, you can't claim both and instead you'll receive the higher element, which in this case would be the Carers Element.
    It's exactly the same for those claiming LCWRA and they can't receive carers element as well. For those in this situation again the higher element will be paid, which would be the LCWRA element.
    For you to claim Carers element then your mother muct be claiming a qualifying disability benefit such as PIP daily living, DLA mid/high rate care or Attendance Allowance. Claiming carers element for looking after her could affect any other benefits she may already be claiming. If she's claiming Severe disability Premium in another benefit then this will end if you claim Carers element.
    Thanks, I’ve see that article and can’t seem to find anything on how to come off LCW. 
    My mother does receive PIP daily living and I’ve been told I’m eligible but due to LCW it’s cancelling out having both payments together. 
    At this moment in time my payments haven’t changed from my normal payment that I usually get monthly. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    edited May 2022
    Can you please confirm exactly what element you're claiming, is it LCW or LCWRA because there's a difference between the 2. If it's LCWRA you're claiming because it's worth more than carers element so you can't be paid the carers element.
    Check your statements and it will tell you exactly which one you're claiming. Those that claimed LCW after 2017 do not receive any extra money each month.
  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    Smithy1 said: Thanks, I’ve see that article and can’t seem to find anything on how to come off LCW. 
    Why would you want to come off LCW? Having LCW doesn't prevent you getting the carer element. As explained by poppy your UC will include whichever element is worth more.
  • Timbo147
    Timbo147 Online Community Member Posts: 8 Listener

    I have recently been awarded lcwra and now they have stopped the carer element I was getting and dropped my allowance by £200 a month. Can I cancel the lcwra and get my carer element back as I was getting £446 a month but now getting £236 a month

  • bg844
    bg844 Online Community Member Posts: 3,928 Championing

    The Carer’s Element pays £201.68, whereas the LCWRA element pays £423.27 (significantly more). Please check your statements to ensure LCWRA has been added.

  • Timbo147
    Timbo147 Online Community Member Posts: 8 Listener

    Yes but they said because of the award I lost my transitional protection

  • bg844
    bg844 Online Community Member Posts: 3,928 Championing

    Unfortunately, the way it works is when you are paid more from UC, transitional protection is eroded. Even if you was to loose the LCWRA element and re-claim the Carer’s Element, you still wouldn’t regain TP.

  • Timbo147
    Timbo147 Online Community Member Posts: 8 Listener

    But surely the standard allowance is more than £59 a week?

  • Kimi87
    Kimi87 Online Community Member Posts: 7,477 Championing
    edited August 29

    Advice given here:

    Following a court judgement what's supposed to happen is TP reduced by the difference between LCWRA & CE.

    Did that happen in your case?

    Since the court case the decision is not always being applied correctly, hence my advice to contact a trained benefits advisor.

  • bg844
    bg844 Online Community Member Posts: 3,928 Championing

    Assuming you are over the age of 25, standard allowance is £400.14 a month, £92.34 weekly. With LCWRA on top it’ll be £823.41 a month, £190.02 (roughly) weekly. Do you claim help with housing costs and do you have any deductions from your award? It would be useful if you could possibly screenshot and share your UC statement, although if you can’t that’s fine.

  • bg844
    bg844 Online Community Member Posts: 3,928 Championing
  • Timbo147
    Timbo147 Online Community Member Posts: 8 Listener

    They awarded me lcwra then cancelled that out and took carer element out as well. Leaving me £200 a month worse off

  • Kimi87
    Kimi87 Online Community Member Posts: 7,477 Championing

    Then the court judgement hasn't been applied correctly, this is something you really need input on from a trained benefits advisor.

    https://advicefinder.turn2us.org.uk/