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LCW awarded after tribunal
- trip77
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1 year 4 months ago #281298 by trip77
LCW awarded after tribunal was created by trip77
Hi everyone. I am hoping you experts will be able to shed some light on things for me, as I don't get the LCW/LCWRA thingy.
I have just had a decision letter today from a tribunal award me with LCW after waiting for 2 years (July 2021) since having an assessment done. My question is, what exactly happens to me on the Universal Credit side of things, and am I entitled to back-payments or any payments for that element of UC?
What happens with having to look for work? I need to add that the tribunal said my LCW entitlement is to be reviewed in 2 years from today. I am so confused with all the jargon on the UC website and people telling me that I get extra payments and others saying I don't, that I still have to look for work and others say I don't etc etc.
Any way someone can explain it in Leymans terms and not confusing me? Thanks for any help you can provide me.
I have just had a decision letter today from a tribunal award me with LCW after waiting for 2 years (July 2021) since having an assessment done. My question is, what exactly happens to me on the Universal Credit side of things, and am I entitled to back-payments or any payments for that element of UC?
What happens with having to look for work? I need to add that the tribunal said my LCW entitlement is to be reviewed in 2 years from today. I am so confused with all the jargon on the UC website and people telling me that I get extra payments and others saying I don't, that I still have to look for work and others say I don't etc etc.
Any way someone can explain it in Leymans terms and not confusing me? Thanks for any help you can provide me.
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1 year 4 months ago #281310 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic LCW awarded after tribunal
Hi trip77
What happened at the tribunal is that you passed the first test and was awarded 15 points or more but failed the second test. Unless you are protected then you will not receive any additional element with your UC claim.
Since April 2017 new claimants awarded the LCW element with their UC claim have not received any extra money but if they are working they can claim the work allowance which is worth £379 pm before the earnings taper kicks in, this means that if you worked part time and earnt £360 a month, you would not loose any of your UC allowance.
Your workcoach will want to work with you and review your claimant commitment.
The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.
People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis). There are 4 conditionality groups:
* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements
www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
The tribunal have stated that you should be reviewed in two years time to see how you are.
Gary
What happened at the tribunal is that you passed the first test and was awarded 15 points or more but failed the second test. Unless you are protected then you will not receive any additional element with your UC claim.
Since April 2017 new claimants awarded the LCW element with their UC claim have not received any extra money but if they are working they can claim the work allowance which is worth £379 pm before the earnings taper kicks in, this means that if you worked part time and earnt £360 a month, you would not loose any of your UC allowance.
Your workcoach will want to work with you and review your claimant commitment.
The conditions for claiming Universal Credit are set out in a "claimant commitment" that most people will have to accept at the beginning of their claim. If you are part of a couple, you will each have a separate claimant commitment that may be different from each other's.
People who may not need to accept a commitment include those who lack capacity, those who have exceptional circumstances where it would be unreasonable to expect them to agree a commitment (this is decided by the work coach on a case by case basis). There are 4 conditionality groups:
* Group 1. No work related requirements
* Group 2. Work-focused interview requirement
* Group 3. Work preparation requirement
* Group 4. All work-related requirements
www.entitledto.co.uk/help/Claimant-commitment-Universal-Credit
The tribunal have stated that you should be reviewed in two years time to see how you are.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- trip77
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1 year 4 months ago #281617 by trip77
Replied by trip77 on topic LCW awarded after tribunal
Do they have to backdate the award to when I first appealed the original decision in July 2021, and do they have to go through each monthly earnings and re-assess the payments for each month since the first appeal??
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- trip77
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1 year 4 months ago #281618 by trip77
Replied by trip77 on topic LCW awarded after tribunal
Did my last quick reply go through? In case it didn't I was wondering if because I have been contesting the DWP's decision since July 2021, will they backdate the awards of UC payments that would have been affected by LCW, will they backdate any money I would have been entitled to from then? Thanks.
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- Gary
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1 year 4 months ago #281672 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic LCW awarded after tribunal
Hi trip77
If you make a post over the weekend then it will not be published until Monday at the earliest depending on the number of posts sitting in the holding pen.
Unless you are an existing claimants, LCW payments stopped in 2017, if you work then you would be eligible to claim the work allowance if you were not already receiving it.
You need to seek advice from your local Welfare Rights Organisation; advicelocal.uk
Gary
If you make a post over the weekend then it will not be published until Monday at the earliest depending on the number of posts sitting in the holding pen.
Unless you are an existing claimants, LCW payments stopped in 2017, if you work then you would be eligible to claim the work allowance if you were not already receiving it.
You need to seek advice from your local Welfare Rights Organisation; advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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