UC LCWRA closure, legal action /respectful resolution advice

Dear Moderators and experts ,

I hope you are well.

I am seeking urgent advice and support regarding issues with my Universal Credit (UC) claim, which was unexpectedly closed by the Department for Work and Pensions (DWP) on 29/10/2024, resulting in significant financial hardship and health distress. I believe my rights have been unfairly disregarded, and I wish to explore my options, including an appeal or any other legal escalation routes.

I am a naturalised British citizen of Indian origin, a state registered physiotherapist, and have worked in the NHS for 20 years in several clinical and Leadership roles . I am currently employed by a NHS Hospitals Foundation Trust as a AHP.I have been living in the UK since 2005 and a father of three lovely children . Currently, I live with my wife and my 7-year-old child in a rented house i. My oldest son is at University , and my second son lives with his mother . Since 2022, I have been on long-term sick leave due to multiple serious health conditions, some which required hospital admissions and I currently receive enhanced Personal Independence Payment (PIP), Universal Credit (UC), and my wife receives Carer’s Allowance for looking after me since my illness . As my wife had to look after me and our 7-year-old daughter, she resigned from her NHS lab assistant role in January 2022. She then became self-employed as a sole trader, running a small-scale WhatsApp based business, which she closed on 20/12/2024 by notifying HMRC, as her sales declined with no profits. She is now in the process of completing her final checks for a role with the same NHS trust . I used to also receive the Limited Capability for Work and Work-Related Activity (LCWRA) component along with my Universal Credit until it was stopped on 29/10/2024, as mentioned below.

Background of My Universal Credit Issue

I travelled to India from 19 July to 2 September 2024 solely for medical reasons, as I was experiencing long NHS waiting times. My mother-in-law helped arrange medical appointments in India with a doctor she knew. While I was in India, I also visited my ailing mother, who lives in the same country. However, my primary reason for travelling was for medical treatment.

Two months before leaving, I clearly informed Universal Credit(UC) through my journal about my trip and that it was for medical treatment, with the added advantage of being able to see my sick mother. I received no objections from DWP or through my UC work coach , so I assumed it was permitted.

However, on 29/10/2024, almost two months (58 days) after I returned to the UK, I received a text followed by a journal message,stating that my UC claim had been closed and that I was required to repay £1,775.39. My LCWRA (Limited Capability for Work and Work-Related Activity) payments were also stopped. I had to reapply for Universal Credit on 07/11/2024 and was told by my work coach to complete a new Work Capability Assessment (WCA), despite reopening my claim within 15 days of the previous account closing—well within DWP’s six-month reinstatement policy. I have also been placed in a Work-Focused Interview group, where I receive regular phone calls to discuss my work status and update my fit notes through my GP. I still remain employed in my role and been pursuing a one year career break.

My Attempts to Resolve This Issue

1. I submitted a mandatory reconsideration request challenging the decision to abruptly close my UC account without my consent , while I clearly informed medical reasons prior with no objections and requesting a review of the repayment demand of £1,775.39 .

2. I filed a complaint with the DWP, which was dismissed on 03/02/2025 by a person from the DWP Issues Resolution Team, who stated that “the correct processes were followed.” However, I was not given a proper in-depth explanation or a breakdown of the decision. He ended the journal by saying it’s the final response..

3. On 13/01/2025, I received another postal letter from DWP demanding an additional £2,751.67 in overpayment. I submitted a second mandatory reconsideration request on 21/01/2025, asking for a breakdown of this amount and for my LCWRA to be reinstated. I have received no response to this request. The letter does not even state what this payment request is for.

My Concerns and Questions

1. Why was my Universal Credit closed abruptly on 29/10/2024 despite me informing DWP two months prior that I was travelling for medical treatment? If DWP had any objections, they should have informed me before I left. Instead, my claim was closed 58 days after I returned to the UK, without any prior warning.

2. Why was I not warned that my UC would be closed if I travelled for the reasons I listed ? DWP never told me that my travel could result in my benefits being stopped. Why was my consent not sought before closing my claim?

3. What is the outcome of my first mandatory reconsideration request? I have not received any decision or update about my initial request to cancel the £1,775.39 repayment following my UC closure. I received a note from the County’s UC Service Centre after submitting my second mandatory reconsideration, stating that they were awaiting the alignment of my claims following a DWP decision-maker call to me on 08/01/2025, during which I clarified the dates and reasons for my time out of the country. However, I have still not received an outcome. Every time I ask for an update, I either receive no response or a note stating that I have to wait.

4. What is the breakdown of the £2,751.67 overpayment? I have requested an explanation but have received no response.

5. Why was my LCWRA removed and not reinstated even though I reopened my UC claim within 15 days of its closure? The DWP’s own rules state that LCWRA should be reinstated if a new claim is made within six months.

6. I am deeply concerned that I am being unfairly treated due to my ethnic minority background. I have served the NHS for 20 years, paying taxes and helping disabled people, yet I am being treated as if I am fraudulent.

7. The financial and emotional stress of this situation is severely affecting my health. My physical condition has deteriorated, and I am struggling with daily living. I feel devalued, ignored, and unfairly penalised for simply travelling for medical reasons.

What I Need Help With

• Guidance on escalating my case to an independent appeal.

• Advice on whether I can take legal action due to the lack of transparency and failure to properly communicate the consequences of my travel.

• Support in ensuring my LCWRA is reinstated, as per DWP policy.

• Advice on addressing the potential racial and disability discrimination and inequality concerns I have raised.

I would appreciate any help and guidance you can provide in challenging these unfair decisions and protecting my rights as a disabled claimant.

I look forward to your response.


Kind Regards,