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JSA and UC waiting period over lap with LCWRA
- Glitter Pink
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1 year 8 months ago #279636 by Glitter Pink
JSA and UC waiting period over lap with LCWRA was created by Glitter Pink
Hi,
I really need advice. So we were told that handing in a fit note whilst on JSA would be acceptable for 3 months and also serve as the waiting period for being entitled to LCWRA. After the 3 months a move to UC was mandatory and the LCWRA application and entitlement would begin. The DWP are now saying the 3 month waiting period began from the first day of UC application. So in total with the waiting period on JSA and UC adds up to 6 months. Is this correct? The Job Centre work coach at the start of this health journey said that the 3 months on JSA is the waiting period. It seems to me that the DWP do whatever they can not to give people what they are entitled to. Any information on this matter would be greatly appreciated.
I really need advice. So we were told that handing in a fit note whilst on JSA would be acceptable for 3 months and also serve as the waiting period for being entitled to LCWRA. After the 3 months a move to UC was mandatory and the LCWRA application and entitlement would begin. The DWP are now saying the 3 month waiting period began from the first day of UC application. So in total with the waiting period on JSA and UC adds up to 6 months. Is this correct? The Job Centre work coach at the start of this health journey said that the 3 months on JSA is the waiting period. It seems to me that the DWP do whatever they can not to give people what they are entitled to. Any information on this matter would be greatly appreciated.
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- Gordon
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1 year 8 months ago #279637 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic JSA and UC waiting period over lap with LCWRA
Glitter Pink
Providing your UC claim started whilst you were still claiming JSA and that you were still within the Extended Period of Sickness when you made that claim then the date on which the 13 weeks started for JSA should be used to set the UC relevant period.
However, if you had finished the EPS before making the claim for UC then the above does not apply and the relevant period starts when you first present a Fit Note.
See paragraph M6210 in the following
assets.publishing.service.gov.uk/governm...le/1150810/admm6.pdf
Gordon
Providing your UC claim started whilst you were still claiming JSA and that you were still within the Extended Period of Sickness when you made that claim then the date on which the 13 weeks started for JSA should be used to set the UC relevant period.
However, if you had finished the EPS before making the claim for UC then the above does not apply and the relevant period starts when you first present a Fit Note.
See paragraph M6210 in the following
assets.publishing.service.gov.uk/governm...le/1150810/admm6.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Glitter Pink
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1 year 8 months ago #279643 by Glitter Pink
Replied by Glitter Pink on topic JSA and UC waiting period over lap with LCWRA
Hi,
Thank you very much for your response. It is greatly appreciated. Please may I ask, does the extended period of sickness start on the day of the first for note or the day the individual is first sick. There is usually 3 days before the first for note is expected by DWP.
The first fit note was presented on 16/08/22, 3 days after sickness was declared to the DWP on the 13/09/22.
A new claim for UC was then submitted on 13/11/22. Does this mean that the JSA extended period of sickness was relevant when the UC was first applied for and that the health element is owed from 16/11/22?
Thank you again for your time and help in this matter.
Thank you very much for your response. It is greatly appreciated. Please may I ask, does the extended period of sickness start on the day of the first for note or the day the individual is first sick. There is usually 3 days before the first for note is expected by DWP.
The first fit note was presented on 16/08/22, 3 days after sickness was declared to the DWP on the 13/09/22.
A new claim for UC was then submitted on 13/11/22. Does this mean that the JSA extended period of sickness was relevant when the UC was first applied for and that the health element is owed from 16/11/22?
Thank you again for your time and help in this matter.
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- Gordon
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1 year 8 months ago #279661 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic JSA and UC waiting period over lap with LCWRA
Anita
You don't have to make multiple posts, they will only appear in the forum when approved by a Moderator and this has been a Bank Holiday weekend.
I would expect the EPS to start from the date on the Fit Note, as long as this was no more than 13 weeks before you made your claim for UC then it should apply. The dates you mention are separated by 90 days inclusive, 13 weeks is 91 days.
Payment of the LCWRA would then be from the next UC period following this.
I would ask for a Mandatory Reconsideration in regard to the Effective Start Date of your award referencing the DWP guidance I linked to.
Gordon
You don't have to make multiple posts, they will only appear in the forum when approved by a Moderator and this has been a Bank Holiday weekend.
I would expect the EPS to start from the date on the Fit Note, as long as this was no more than 13 weeks before you made your claim for UC then it should apply. The dates you mention are separated by 90 days inclusive, 13 weeks is 91 days.
Payment of the LCWRA would then be from the next UC period following this.
I would ask for a Mandatory Reconsideration in regard to the Effective Start Date of your award referencing the DWP guidance I linked to.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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