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Application for UC on behalf of my disabled daughter

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4 months 2 weeks ago #293124 by SomeonesMother
I have submitted a claim for UC on behalf of my learning disabled adult daughter.

We had an appointment to verify her ID, which we have done. At the appointment we were told that she needs to submit a "Fit note" and attend a commitments appointment, at which we need to bring the Fit Note.

When do we complete the form UC50 for LCWRA? My daughter has autism and learning difficulties. She has a letter diagnosing her and an EHCP. She receives higher rate PIP for both daily living and mobility.
What do I do next to ensure that she is placed in the correct group for her, which is the LCWRA group?
Thank you

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4 months 2 weeks ago #293143 by Gary
Hi SomeonesMother

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

You will be sent a UC50 form called a Work capability assessment.

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work

2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

You will be found to have limited capability for work and work-related activity if:

* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.

To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.

The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).

* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity 

In order to qualify for the Support/LCWRA Group you need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SomeonesMother

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4 months 2 weeks ago #293165 by SomeonesMother
Replied by SomeonesMother on topic Application for UC on behalf of my disabled daughter
Thank you!
The following user(s) said Thank You: Chris

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4 months 2 weeks ago #293238 by David
If you ask the DWP to make you your daughter's Appointee then I think life will be easier for her in the future.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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