LCWRA Silly/ repeated question?

lou54321

Thank you Calcotti. At this point it doesn’t matter if I get it or not, it’s the principle of them saying I am not entitled which goes against their own guidance. I will request an MR. Feel like I won’t get anywhere with this though! 

calcotti

Something along the lines of
I request an MR of the decision not to refer me for a WCA. You have advised me that I cannot be referred because I am in work and earning more than 16 x NMW. However the regulations say that the relevant earnings threshold does not apply to those in receipt of PIP.

The rules are set out in your own guidance, see
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1024547/admg1.pdf
See paragraph G1030 which sets out the general rule. G1032 sets out exceptions which, following the PIP award, you now falling under.

G1030 Normally a claimant who is in work earning above the relevant threshold (see G1033) is 
1. not entitled the LCWRA element and
2. not subject to work–related requirements.
Unless any of the exceptions in G1032 apply, the WCA is not carried out, so entitlement to the LCWRA element cannot be considered.

G1032 Where the claimant has weekly earnings that are equal to or above the relevant threshold (see G1033), a WCA cannot be carried out unless
1. they are entitled to
1.1 AA or
1.2 DLA or 
1.3 PIP or 
1.4 AFIP or
2. the WCA is to review a previous LCW or LCWRA determination made for the purposes of ESA or UC7 – see G1035 for further details.

I am now in receipt of PIP (backdated to xxxx) and therefore now come into one of the groups that fall outside the relevant threshold. Please expedite the WCA referral in accordance with the regulations.

lou54321

Thank you again. You are being so supportive with this so thank you. I’m starting to question my own sanity lol!  I will of course keep you updated as to how I get on