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Heres another fine mess youve got us into Stanley...SSWP v MJ judgment
- Astee
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3 days 21 hours ago #308535 by Astee
Heres another fine mess youve got us into Stanley...SSWP v MJ judgment was created by Astee
Heres a mess if ever I saw one, looking for some advice/opinions
Ive had my TP eroded due to the addition of LCWRA being added to my UC claim and the carers element being removed as in the recent upper tribunal case of SSWP v MJ (UC)
The way this affects you seems to do with what your situation was on the date of the decision. However, ive got quite a complex story to tell, and in short, have no clue what my status would be classed as of the “January date”
Heres a timeline of events, im hoping someone here can point me in the right direction.
May 2022 Claimed UC from Income support with both disability premiums included - First Fit Note supplied
Gaps in fit notes between June 2022 – October 2023 (good reasons but not relevant to this particular question so I wont bore you with them)
No Gaps in Fit Notes From October 2023
October 2024 Awarded LCWRA but only from July 2024
First Payment of LCWRA Novemeber 2024 -Carers elemnt removed from claim
**TP had already been eroded to nil over time so no TP included in my award at this time**
November 2024 Appealed start date of LCWRA
May 2025 – change in law reinstated TP retrospectively statements now show
October 2024 - (AP preceding first payment of LCWRA) TP is now £253.18
(UC Payment received - £781)
November 2024 (AP where LCWRA first added) TP reduced to nil
(UC Payment received - £746)
July 2025 FTT tribunal appeal allowed and LCWRA backdated until May 2022
UC payments adjusted retrospectively (again) to show LCWRA first payment October 2022
Received a letter from DWP stating that the addition on LCWRA being added has caused an overpayment of £3800 (combination of adding LCWRA, Erosion of TP and removal of CE for the backdated period)
Honestly losing the will here....
Any ideas?
Ive had my TP eroded due to the addition of LCWRA being added to my UC claim and the carers element being removed as in the recent upper tribunal case of SSWP v MJ (UC)
The way this affects you seems to do with what your situation was on the date of the decision. However, ive got quite a complex story to tell, and in short, have no clue what my status would be classed as of the “January date”
Heres a timeline of events, im hoping someone here can point me in the right direction.
May 2022 Claimed UC from Income support with both disability premiums included - First Fit Note supplied
Gaps in fit notes between June 2022 – October 2023 (good reasons but not relevant to this particular question so I wont bore you with them)
No Gaps in Fit Notes From October 2023
October 2024 Awarded LCWRA but only from July 2024
First Payment of LCWRA Novemeber 2024 -Carers elemnt removed from claim
**TP had already been eroded to nil over time so no TP included in my award at this time**
November 2024 Appealed start date of LCWRA
May 2025 – change in law reinstated TP retrospectively statements now show
October 2024 - (AP preceding first payment of LCWRA) TP is now £253.18
(UC Payment received - £781)
November 2024 (AP where LCWRA first added) TP reduced to nil
(UC Payment received - £746)
July 2025 FTT tribunal appeal allowed and LCWRA backdated until May 2022
UC payments adjusted retrospectively (again) to show LCWRA first payment October 2022
Received a letter from DWP stating that the addition on LCWRA being added has caused an overpayment of £3800 (combination of adding LCWRA, Erosion of TP and removal of CE for the backdated period)
Honestly losing the will here....
Any ideas?
- latetrain
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2 days 11 minutes ago #308588 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Heres another fine mess youve got us into Stanley...SSWP v MJ judgment
Hi Aster
Your question is outside the remit of the forum, We would advise you to seek help from your local Welfare Rights Specialist; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or you may want to try and contact a law centre in your area www.lawcentres.org.uk
Gary
Your question is outside the remit of the forum, We would advise you to seek help from your local Welfare Rights Specialist; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or you may want to try and contact a law centre in your area www.lawcentres.org.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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