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UC entitlement being delayed pending LCWRA decision on NSESA
My client is waiting a LCWRA assessment on NSESA and due to the delays in this could potentially lose his ESA altogether as he approaches 365 days.
Should he be placed in the LCWRA group which i expect he would (severe stroke) this would bring him onto UC however currently he would not qualify due to other income.
The delay in ESA assessment is potentially costing him over 200 per month, I have advised to claim and be disallowed/ terminated and then can ask for a revision of this decision if LCWRA awarded and backdated.
Has anyone got experience of this happening or any other suggestions.
Thanks
Hi
Unless your client would be worse off claiming UC until LCWRA was payable I would not delay the UC claim.
If LCWRA is awarded it will be payable from 13 weeks after ESA was awarded (in general) with his ESA but he cannot benefit from it through UC unless he makes a claim.
If he had made the UC claim earlier and LCWRA was then awarded via ESA, this would mean that UC would include the LCWRA from roughly the same time. Without the UC claim he is potentially losing out.
This is just my view. Hope it makes sense.
Thank you
Yes I realise he would be missing out, but the issue is he wont qualify for UC without the LCWRA so his claim will be disallowed/terminated from the off set, I was wondering like the old IS claims that would be disallowed upon claiming pending a premium can the UC disallowed terminated claim be revised once LCWRA is awarded to stop him missing out on his entitlement because ESA assessment delays.
Gail
Going off at a complete tangent, may be worth considering bypassing the usual, going via MP or .(JavaScript must be enabled to view this email address) (much less responsive nowadays) and requesting a paper-based review i.e. ‘severe stroke’ and I’m assuming there is evidence available.
That would support arguing ‘exceptional circumstances’ criteria and I’m guessing there will be LCWRA activities that may be arguable too.
Hi Gail
I’ve not come across a situation where a UC claim is disallowed when there is a WCA decision pending.
Is this something you have seen?
If the claimant would qualify for UC with the LCWRA element included but not without, because their income falls between the two levels, they should be awarded a token 1p a month pending the WCA. It doesn’t really help much right now, but it means the date of entitlement is protected when in due course they are assessed as having LCWRA. Depending on the nature of the other income of the claimant and/or partner, LCW would give rise to a work allowance from day 1 - no three-month “relevant period” for that. It won’t crystallize until after the WCA, but again putting the claim in now puts a flag in the ground at this early stage and protects the date of entitlement.
Hi Gail
I’ve not come across a situation where a UC claim is disallowed when there is a WCA decision pending.
Is this something you have seen?
Reg.28(7) of the UC Regs applies as HB Anorak points out.
Hi Gail
I’ve not come across a situation where a UC claim is disallowed when there is a WCA decision pending.
Is this something you have seen?Reg.28(7) of the UC Regs applies as HB Anorak points out.
We have so would be worth spelling out the above on the journal i.e. Paul’s and HB’s advice.
Hi Gail
I’ve not come across a situation where a UC claim is disallowed when there is a WCA decision pending.
Is this something you have seen?Reg.28(7) of the UC Regs applies as HB Anorak points out.
We have so would be worth spelling out the above on the journal i.e. Paul’s and HB’s advice.
I guess the point I was making is that (UC errors not withstanding) a claim for UC should not be delayed until LCW/LCWRA has been decided by ESA.
Hi Gail
I’ve not come across a situation where a UC claim is disallowed when there is a WCA decision pending.
Is this something you have seen?Reg.28(7) of the UC Regs applies as HB Anorak points out.
We have so would be worth spelling out the above on the journal i.e. Paul’s and HB’s advice.
Thank you all so much
Going off at a complete tangent, may be worth considering bypassing the usual, going via MP or .(JavaScript must be enabled to view this email address) (much less responsive nowadays) and requesting a paper-based review i.e. ‘severe stroke’ and I’m assuming there is evidence available.
That would support arguing ‘exceptional circumstances’ criteria and I’m guessing there will be LCWRA activities that may be arguable too.
Thank you I have advised to contact MP re delay in Assessment so will also follow up we have lots of evidence that can help
Madness that PIP awarded but they couldnt possibly talk together :)
Hi Gail
I’ve not come across a situation where a UC claim is disallowed when there is a WCA decision pending.
Is this something you have seen?Reg.28(7) of the UC Regs applies as HB Anorak points out.
We have so would be worth spelling out the above on the journal i.e. Paul’s and HB’s advice.
I guess the point I was making is that (UC errors not withstanding) a claim for UC should not be delayed until LCW/LCWRA has been decided by ESA.
I know, its not you, its UC exposure…........... hypervigilance on my part