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moving from IR ESA (WRAG) to UC LCW

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2 hours 19 minutes ago #311948 by latetrain
Replied by latetrain on topic moving from IR ESA (WRAG) to UC LCW
Hi Invisible

You are correct, when you transfer over from ESA and you were in receipt of WRAG or Support to UC then you do not need to hand in a fit note.

Relevant legislation if you were getting old-style employment and support allowance (ESA)
Reg 19(1), (4)(b) and (5)(b) of the Universal Credit (Transitional Provisions) Regulations 2014, which provides that a UC claimant who was entitled to ESA immediately before claiming UC and who had been, in respect of ESA, determined to have LCW/LCWRA or is treated as having LCW/LCWRA (ie, had been placed in the ESA WRAG/support group), must be treated as having LCW/LCWRA from the outset of their UC award and the LCW/LCWRA element must be included in their UC from the outset.

Relevant legislation if you are getting new-style ESA
Regulation 28(5)(b)(i) Universal Credit Regulations 2013, provides that the normal three-month waiting period for the LCW/LCWRA element does not apply if you are entitled to new-style ESA which includes a WRAG/support component. 

What to do if these rules aren't followed:
If you are in this situation and the LCW/LCWRA element has not been included from the correct date, request a mandatory reconsideration (MR) and if this is unsuccessful, appeal. 

Gary

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

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