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UC Migration affecting other beneifts

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1 year 1 month ago #283935 by Gary
Replied by Gary on topic UC Migration affecting other beneifts
Hi synapse321

When a UC claimant reports to the DWP with a fit note that they have a health condition that limits their capability for work this would normally trigger a ‘Work Capability Assessment’ (usually this involves the claimant completing a questionnaire and attending a medical).

If they are found to have (or can be treated as having) a limited capability for work and work related activities, then the LCWRA Element should be included in the first Monthly Assessment Period after the end of their ‘relevant period’.

The ‘relevant period’ is a 3 month period which starts when the claimant first provides medical evidence to the DWP (including self-certification). The DWP should then take the claimant through the Work Capability Assessment (WCA).

Although the WCA process often takes longer than 3 months, the LCWRA Element should nonetheless be included in the claimant’s UC award from the first Monthly Assessment Period after the end of their ‘relevant period’ regardless of how long the process has taken and even if the claimant goes to appeal. www.benefitsandwork.co.uk/guides-for-claimants/esa

Gary

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1 year 1 month ago #283941 by CHUNKY
Replied by CHUNKY on topic UC Migration affecting other beneifts
I am in the support group for cont esa.

Does that mean I will automatically qualify for the LCWRA when migrated over to UC?

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1 year 1 month ago #283950 by Gary
Replied by Gary on topic UC Migration affecting other beneifts
Hi synapse321

If you are in receipt of Cont ESA and in the support group then at this moment in time you will not be migrated over to UC.

DWP are only going to invite claimants in receipt of legacy means tested benefits such as Income Related ESA, Housing Benefit, IR JSA, TC and IS, starting with TC single claimants.

If you were in receipt of IR ESA in the support group then yes, you should automatically qualify for LCWRA providing your IR ESA claim is still live.

Gary

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1 year 1 month ago #283954 by Gary
Replied by Gary on topic UC Migration affecting other beneifts
Hi just

If you are in receipt of Contribution based ESA then you will not have to move over to UC.

The only claimants being asked to apply for UC are those in receipt of a legacy means tested benefit.

In regards to your question and war pension, you need to seek specialist 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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