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Universal credit LCWRA

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6 years 4 months ago #200920 by Beragon
Universal credit LCWRA was created by Beragon
Re regulation reg 40 (1) (a) (b) (5)

Just received my bundle for my appeal. I have been awarded 21 points under movement, sitting and standing and incontinence. Despite this they still consider me to be suitable for work related activity.

In the bundle it quotes the above regulations, but gives little explanation as to what these mean in plain language. I also receive full rate DLA for my care and mobility.

I am not pregnant or likely to die in the next six months, nor do I have cancer. What else could be considered here?

What are the schedule 7 descriptors?

what is the qualifying age for SPC and what specific rates of DLA are they referring to?

Sorry to get so technical, but this is what they are doing. All I can see is that this is a mechanism whereby my money has been reduced by £ 189.49 a month. I was in receipt of ESA but had to change to UC when I moved to Bath, which is one of the areas that has introduced UC.

David

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6 years 4 months ago #200948 by Gordon
Replied by Gordon on topic Universal credit LCWRA
Beragon

Qualifying for the "Support Group" or LCWRA Group is not points based you need to meet one of the associated Descriptors.

The Regulations referred to are on the following link

www.legislation.gov.uk/uksi/2013/376/contents

Regulation 40 covers qualifying for "ESA" under Universal Credit.

Schedule 7 contains the Descriptors for the "Support" or LCWRA Group.

Do you mean Pension Credit? The qualifying age is the State Retirement Age of a Woman born on the same day as you. The following link has a calculator.

www.gov.uk/state-pension-age

Gordon

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6 years 4 months ago #200963 by Beragon
Replied by Beragon on topic Universal credit LCWRA
Dear Gordon,

Thanks for your reply. My technical question was lifted from the bundle but no explanation in plain English. To deal with the last point first I guess this does not apply as I have not reached pension age as I am 58.

I have followed the link you provided but cannot understand the pages and pages of benefit speak. maybe you can explain the schedule 7 descriptors and regulation 40.

To put the human ( me ) element into this. This only seems to have happened because I moved to bath, which is one of the areas that has introduced UC. I am still claiming ESA as I was advised to do so by a benefit advisor here. It took three months for me to be paid by UC, so at least I had some money to live on when they were assessing me. I was then dragged thru another medical assessment ( my third ) under UC.

All I know is that my benefit has been reduced by £ 189.49 a month since May. I am worried that if for example they send me on a week long course I would not be able to fully attend because of my illness and would then be sanctioned.

I know this will take you time but could you describe in simple language the above two questions

Thanks Gordon

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6 years 4 months ago #200978 by Gordon
Replied by Gordon on topic Universal credit LCWRA
Beragon

Are you claiming ESA as a stand alone benefit or as part of UC?

If the former then the legislation referenced is not actually relevant.

The Descriptors under UC are exactly the same as they are under ESA so if you want to understand the SG Descriptors then just have a look at the ESA Claim guides.

Without an understanding of what you were receiving and what you are now receiving and what benefit this is then I cannot comment on the difference.

Gordon

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6 years 4 months ago #201027 by Beragon
Replied by Beragon on topic Universal credit LCWRA
Hi Gordon,

Q1 Not sure how to answer this apart from explaining that when I lived in London 18 months ago I claimed ESA. Then I moved to Bath. I went to the Council to claim Housing benefit for the flat I had rented and was told I was there on the first day of UC. I was advised to continue to claim ESA as there might be a six weeks delay until I got my UC ( inc the rent ) This actually took 3 months. So now 18 months later I get ESA which they take away from the UC. This all worked fine until I was asked to attend a Health A under UC, where they decided I did not get limited capacity for WRA, this resulted in a loss financially of £ 189.49 a month.

So what I want to know are the rules that apply when UC decision makers decide if a claimant has limited capacity for WRA.

A human point. My flatmate is in a very similar position health wise but won his ESA appeal recently and the Court said he should not be reassessed for two years. Therefore he gets £ £ 189.49 more than me per month. ( our rent is split 50/50 ) This seems really unfair as I am in reality more disabled and am more ill than he is


David

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6 years 4 months ago #201052 by Gordon
Replied by Gordon on topic Universal credit LCWRA
Beragon

The rules for "ESA" under UC are exactly the same as they are under ESA not under UC in terms of you qualifying for the benefit.

If you can ask a more specific question I will try and help, your question at the moment is to broad for me to provide an answer at the moment.

Gordon

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