LCWRA abruptly stopped after short exit from the UK

Following advice from @poppy123456, I wanted to provide an update. After a significant back-and-forth on my journal regarding the closure of my UC account, and receiving email guidance from the CAB/Scope helpline, I've successfully submitted a strong appeal today (hearing pending). My appeal is based on grounds of discrimination and the unlawful deprivation of my LCWRA entitlement. I'm arguing that the DWP decision maker failed to apply the DWP's own rules and discretionary powers, specifically in relation to granting leave for essential medical investigations. Alternatively, if I was not permitted to travel, they failed to inform me prior to my trip, despite my clear notification two months in advance, including exact dates. Despite this, I was asked to repay two months of UC payments and reapply for my LCWRA award, which was also stopped upon the UC account closure. I've referenced the Equality Act 2010, particularly sections regarding disability discrimination and reasonable adjustments, as well as the DWP's own guidelines on absence rules and the need for clear communication. I've also highlighted the Parliamentary and Health Service Ombudsman's 'Principles of Good Administration,' which the DWP appears to have disregarded.

Whether I win this or not, I feel I've had the opportunity to have my voice and concerns heard and listened to. I hope the 'Benefit and Compensation-SSCS(Social Security and Child Support) ' Independent Tribunal hearing panel will ensure a fair and just process in investigating my case and reaching an outcome. I was tempted to request a paper-based investigation as I had added corroborative evidence, but I ultimately requested a phone or video assessment because I truly wanted the opportunity to defend my voice and rights and ensure they were truly heard as a disabled person.I will keep you all updated once I receive an outcome. It also feels like I've finally gotten so much off my chest. Thanks again to @poppy123456, who gave me the advice and the local link, as I gained a lot of background information about my rights, even though I didn't contact organisations directly. I hope this helps someone going through the same issues I faced. We may look weak, but we fight hard for our rights till the end, no matter what…

Best wishes,

noonebelieves 🙂

@Santosha12
Many thanks. I do not disagree with you one bit as is so true in my case.The amount of discrimination and challenges I’ve faced as a repercussion of the mandatory reconsideration process(following this trip)would make anyone’s blood boil. Apart from work, I’ve never had to appeal against anything before. I’ve always kept a low profile with the DWP—communicating only when necessary and dealing with their appalling attitudes and behaviour.
This is the first time I’ve been in the limelight, directly naming individuals from the Jobcentre, decision makers, and the complaints manager. I have attached a lot of evidence- phone calls, journal entries, medical reports etc , painstakingly compiled over five months. I’m leaving no stone unturned and going in all guns blazing—I want to see this through to the end.
I’m fighting this battle alone, not just for myself but for the entire disabled community. I’m grateful that an independent tribunal process exists, and I trust in it to deliver a fair and just response, upholding my/our rights as disabled people. I’ll be sure to update here once I get an answer.
Thank you all for standing by me. I have no advocate or lawyer—just me, and me alone.
I hold you guys in the highest regard. Thanks for standing by me😊

“The DWP has requested that the appeal be struck out on the grounds that I have never requested Mandatory Reconsideration. The DWP states that it will treat the appeal as a request for Mandatory Reconsideration.”

Can you believe this ? Who do you think “takes the Mickey” against Disabled people ? I can see they are trying their best to shut me down as many of the discrimination I faced following this closure decision would be exposed . I have now sent SSCS clear evidence of me sending the mandatory reconsideration request and acknowledgement of receipt via my UC journal. Let’s see what happens !
(lesson: please keep evidences for every dealings with the DWP)

@anisty, Thank you !we really can’t trust the DWP or the government with anything. Always keep receipts of everything. If you send evidence via post, even if it’s free, always ask for proof of postage from the DWP.
If you submit a UC Mandatory Reconsideration (MCR) request, keep chasing them via your UC journal until they explicitly confirm receipt. I honestly couldn’t believe my eyes when I received this letter!
It’s beyond frustrating how they operate. If you don’t have access to a journal because your claim is closed, you could try reopening a new claim just to use the journal to push for confirmation. Does your situation allow to reopen a UC claim ?They’re the ones truly “taking the Mickey” while Liz Kendall accuses us of it! I really hope you get some written proof that they’ve received your request.

@anisty ,Thank you for sharing your circumstances, and I’m so sorry you’re having to go through all of this while also caring for your son with learning disabilities and autism. That must be so hard.From my own experience, once a UC claim is closed, the DWP takes no accountability and gives it no priority. When we have an open claim, the UC journal is the best evidence for both parties -once something is on there from DWP , we can take relevant screenshots for appeals or any other proof and similarly anything we record or don’t record is used by DWP as evidence .Like you , I had the same MR issue when my UC was closed. Since I no longer had access to my journal, I sent my MR request via recorded post. When I tracked it, it showed as signed and received at the Wolverhampton site. But when I called the UC phone line to confirm, they went through all the verification checks and then outright denied receiving it. I got the usual excuses: “It might be in the pile,” “It takes time to be logged because we get so many letters,” “It’s a busy time of year.” One lady even laughed and said “You should’ve thought about all this before going abroad.” I literally went through hell, calling every day for a week, waiting hours to get through. Thankfully for my current appeal, all these long calls were recorded on my phone bill, some even charged because they went over an hour.With no income, I had no choice but to open a new UC claim & then pushed through the journal. After adding journal entries for two days, I finally got a written response from the DWP regional service centre confirming they had received it—which is now my strongest piece of evidence. Looking back, I’m so glad I pushed for that response because, otherwise, the DWP’s denial would have been taken as fact by the SSCS tribunal.What’s even more ridiculous is that a DWP decision-maker actually recorded an outcome for the same MR they claimed never to have received from me….Seriously??! I genuinely can’t believe how they get away with this amount of lying ….if it were the other way around and I denied or refused something to the DWP-UC, I’d be sanctioned immediately. It’s so clear they didn’t want my appeal to go ahead because the overpayments and all the dodgy things they did to me (which I’ve listed in detail with evidence on my HMCTS appeal portal) would come to light.I completely understand why you don’t want to reopen your claim. But can you push for a written response from UC confirming they’ve received your MR? Or maybe ask if they can send you a text? You should be entitled to written confirmation, especially since you don’t have an active journal.I don’t know much about the capital rule—I’ve only read bits from similar posts here. I’ve never had more than £300 in capital, and lately, since losing my LCWRA, I’m more in the overdraft zone. Thanks to my PIP payments, my family and I have at least avoided starving and still have a roof over our heads. But since my UC closure, my DWP overpayment debts have suddenly jumped to £5,000 and are now being deducted in instalments from my account. That’s also part of my appeal.Honestly, the DWP doesn’t seem to care about the trauma they cause disabled people with their senseless actions. I really hope you find a way to get your MR officially acknowledged.

(Sorry for going off on a tangent… I just get so frustrated and distressed when I hear about the impact of the DWP’s actions on people’s lives.)

Best wishes