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LCWRA element on UC reclaim within 6 months.
- jace
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3 weeks 6 days ago #297229 by jace
LCWRA element on UC reclaim within 6 months. was created by jace
Does the LCWRA entitlement remain on the reopened claim? It does if the reason for leaving UC was increased income. Claim was closed as capital was over £16K. With no income, savings reduced rapidly to below that threshold, and UC was reclaimed within six months. Being told that the LCWRA entitlement needs to be claimed for again via another WCA and that there's no LCWRA element for three months.
- Chris
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3 weeks 6 days ago #297230 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic LCWRA element on UC reclaim within 6 months.
Hi jace,
Are you asking if the information you were told, is correct or not ?
Chris.
Are you asking if the information you were told, is correct or not ?
Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- jace
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3 weeks 6 days ago #297243 by jace
Replied by jace on topic LCWRA element on UC reclaim within 6 months.
Yes, I am.
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3 weeks 6 days ago #297245 by jace
Replied by jace on topic LCWRA element on UC reclaim within 6 months.
I'm not sure if my answer took. Yes, I am asking that. Apologies for duplicate posts.
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3 weeks 5 days ago #297246 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic LCWRA element on UC reclaim within 6 months.
Hi Jace,
Unfortunately I think that the DWP is correct in this instance. LCWRA status would have been retained if the reason for the claim closure in this instance had been excess income not savings in excess of the £16000 threshold.
See: www.legislation.gov.uk/uksi/2020/522/regulation/3/made
"Reclaims of universal credit after nil award due to earnings
32A.—(1) This regulation applies where—
(a)a claim is made for universal credit, but no award is made because the condition in section 5(1)(b) or 5(2)(b) of the 2012 Act (condition that the claimant’s income, or joint claimants’ combined income is such that the amount payable would not be less than the prescribed minimum) is not met; or
(b)entitlement to an award of universal credit ceases because that condition is not met.
(2) The Secretary of State may, subject to any conditions the Secretary of State considers appropriate, treat the claimant (or joint claimants) as making a claim on the first day of each subsequent month, up to a maximum of 5, that would have been an assessment period if an award had been made or, as the case may be, if the award had continued.”
David
Unfortunately I think that the DWP is correct in this instance. LCWRA status would have been retained if the reason for the claim closure in this instance had been excess income not savings in excess of the £16000 threshold.
See: www.legislation.gov.uk/uksi/2020/522/regulation/3/made
"Reclaims of universal credit after nil award due to earnings
32A.—(1) This regulation applies where—
(a)a claim is made for universal credit, but no award is made because the condition in section 5(1)(b) or 5(2)(b) of the 2012 Act (condition that the claimant’s income, or joint claimants’ combined income is such that the amount payable would not be less than the prescribed minimum) is not met; or
(b)entitlement to an award of universal credit ceases because that condition is not met.
(2) The Secretary of State may, subject to any conditions the Secretary of State considers appropriate, treat the claimant (or joint claimants) as making a claim on the first day of each subsequent month, up to a maximum of 5, that would have been an assessment period if an award had been made or, as the case may be, if the award had continued.”
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 weeks 5 days ago #297277 by jace
Replied by jace on topic LCWRA element on UC reclaim within 6 months.
Thank you for your help.
The following user(s) said Thank You: David
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