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Transitional payment protection decreased after awarded LCWRA

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3 days 4 hours ago #311576 by Karen24
Good morning,
I was migrated over from income support to UC last year. I received a transitional payment protection with my new claim and also the carers element along with my standard allowance. However when I was assessed as having LCWRA, which I received , however, like for like money was taken off my transitional payment protection amount and my carers element stopped. In doing this I have been left over £200 a month worse off, including when I was on legacy benefits.
I came across the following court case : SSWP v MJ [2025] and upon requesting a mandatory reconsideration, I included it.

The above court case clearly states that :
The transitional element should be reduced by the difference between the LCWRA element which is added and the CE (carers element) which is removed.
If this was done on my claim , I would not be over £200 a month worse off.

This was back in June 2025, I have left eleven messages on my journal and only received two short reply’s, telling me it’s with the decision maker, and I’m left struggling and my health is suffering.

Please can you advise me, A : if I’m correct in what I’m saying regarding the court case ?
And B : what are my next steps?

Thank you

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15 hours 48 minutes ago #311637 by David
Hi Karen24

You are correct about the Upper Tribunal case. Here is the DWP internal guidance fro DMs relating to the subject:-
"Which cases can have the MJ decision applied to them by yourselves?
• Where the effective date of the LCWRA Element and erosion decision falls
in an Assessment Period
 which contains the 29/01/25, or
 begins after 29/01/25, and
• There is an MR request, or an appeal to the First-tier Tribunal.
Then you can apply the MJ decision and revise accordingly, lapsing the appeal if
appropriate."
www.whatdotheyknow.com/request/guidance_...%20APPROVED.pdf.html

You can either make a Mandatory Reconsideration yourself to the DWP or else you could tell me your town or city and I can find the email of the DWP Area manager to whom you could complain.

David

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

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8 hours 42 minutes ago #311654 by Karen24
Hi David,
Thank you so much for your reply.
I made a mandatory reconsideration myself back in June 2025. In total I have chased this 12 times, even asking for it to be submitted again. I have only received 4 replies, each stating, “ it is with the decision maker, and there is no time limit in which they will reply”.

That would be very helpful if you could find the email of the DWP manager.
I live in Somerset.
Thank you so much.

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49 minutes ago #311655 by David
Hi Karen24

You can email your complaint to Mike Page at his work email of This email address is being protected from spambots. You need JavaScript enabled to view it..
He is the Area Manager of the DWP in Somerset.
I would include a copy of the internal guidance for DMs and you could also detail the personal inconvenience and stress the matter has caused and any examples of staff negligence.

Let me know how you get on.
David

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

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