× Members

LCW to LCWRA appeal with combined claim

More
1 week 1 day ago #315136 by CassieT
So I'm my claim it is a combined claim with my partner as we live together
they receive LCWRA while I currently only receive LCW and want to appeal to LCWRA

While I have the appeal ready I am unsure to go ahead as it will not result in any more benefits (we are fine with this) but it will reduce the amount of things I need to do with UC and greatly decrease my life stress

But I read that appealing while on LCW to LCWRA paused the LCW payment

What I would ask is would my appeal pause the LCWRA payment in the combined benefits claim

Please Log in or Create an account to join the conversation.

More
6 days 11 hours ago #315143 by David
Replied by David on topic LCW to LCWRA appeal with combined claim
Hi CassieT

I have never heard of what you are saying before. Where did you read it and is there a link for me to look at?

David

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

Please Log in or Create an account to join the conversation.

More
3 days 2 hours ago #315195 by CassieT
Replied by CassieT on topic LCW to LCWRA appeal with combined claim
I was reading the Guide from this site "ESA and UC mandatory reconsiderations and appeals" and it said the below

Awarded LCW element
If you are challenging a decision where you were assessed as having limited capability for
work (LCW) and you believe that you have limited capability for work-related activity
(LCWRA), you will not receive a LCW amount within your UC payment while you are
challenging a decision. This is because the additional amount payable under the LCW
element for those assessed as having limited capability for work was abolished for new
claimants from 3 April 2017

From your reply and this can I conclude that it only applies if I had a LCW with a payment that comes with it dated to before 3rd April 2017

Cause I have LCW but as it was after that date it doesn't come with any extra money, my partner however is on my joint UC claim with me and gets LCWRA and it's their bonus benefit that is on our account, I am trying for re-evaluation to LCWRA to reduce stress and job coach pressure not extra benefit so I do not mind that if I am awarded LCWRA our benefits would not change.

However I worry that the appeal would pause their LCWRA payment during the process due to combined claim

Please Log in or Create an account to join the conversation.

More
3 days 2 hours ago #315196 by CassieT
Replied by CassieT on topic LCW to LCWRA appeal with combined claim
ESA and UC mandatory reconsiderations and appeals

Page 10

Awarded LCW element
If you are challenging a decision where you were assessed as having limited capability for
work (LCW) and you believe that you have limited capability for work-related activity
(LCWRA), you will not receive a LCW amount within your UC payment while you are
challenging a decision. This is because the additional amount payable under the LCW
element for those assessed as having limited capability for work was abolished for new
claimants from 3 April 2017;


Just cause my partner has LCWRA and it's a combined UC claim, if my appeal for LCW-->LCWRA would effect that, or if it doesn't matter due to both of us having claims put in AFTER 3rd April 2017

Please Log in or Create an account to join the conversation.

More
11 hours 44 minutes ago #315214 by David
Replied by David on topic LCW to LCWRA appeal with combined claim
Hi CassieT

Thanks for your update. You are correct in that you won't as a couple get an increased UC payment if you are moved from the LCW to the LCWRA group.
Your appeal against a WCA determination will not affect your partner's LCWRA element.

David

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

Please Log in or Create an account to join the conversation.

Moderators: latetrainBISCatherine12345ChrisDavidForum Moderator