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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

LCWRA being paid significantly later than expected date

csmk
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Welfare Benefits Specialist, Frenkel Topping

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Total Posts: 81

Joined: 16 May 2017

Hi all,

I have noticed that a lot of cases our teams at the bureau have been dealing with, where a client is successful in getting the LCWRA element, are being paid this element way after the expected 3-4 months (depending on their assessment period dates).

We’ve had advice from our national expert advice team and they’ve confirmed with us that there should be no reason why the DWP are paying the LCWRA from a date after the required period according to Reg 28(2) of the UC Regs 2013 (obviously taking into account the referrals for WCA on the 29th day for most clients and day one for clients fitting Schedule 9). Even the ADM Chapter F5 gives examples of when the LCWRA element should be paid, which is in line with the Regs above.

Often the DWP are giving arbitrary (I feel) reasons for this, such as medical assessments being completed later or delayed.

Obviously we’re advising to dispute every decision like this, but it’d be interesting to know if any other advisers have noticed this trend in payment dates of the LCWRA? Could this be something to be raised with the DWP stakeholders at all?

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Joined: 24 November 2017

csmk - 13 May 2021 09:47 AM

Often the DWP are giving arbitrary (I feel) reasons for this, such as medical assessments being completed later or delayed.

Delayed assessments have obviously happened a lot over the last year - but is totally irrelevant. Not sure ‘arbitrary’ really covers this. Possibly with the increase in UC staff there is simply greater ignorance of the rules. As mentioned in another thread I have recently come across a refusal to do a Day 1 referral due to earnings with neither work coach nor case manager apparently having any knowledge of the rules.

[ Edited: 13 May 2021 at 05:03 pm by Ianb ]