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Universal credit query

I am helping a friend with her benefits and would like some advice.

She is 58 years old and lives with her mother.

She was claiming IR ESA (Support Group) but was found fit for work in December 2018. She asked for a Mandatory Reconsideration which was unsuccessful so she made an Appeal.

In January 2019 she claimed Carers' Allowance (her mother is in receipt of Attendance Allowance) and Universal Credit.

She attended her Appeal in June 2019 and was put in the Limited Capability for Work Related Activity.Group

I believe she should now receive the following Universal Credit:

£317.82 Single person
£160.20 Carer Element
£336.20 LCWRAG

which totals £814.22 less £286.65 Carers' Allowance so her total amount should be £527.57 per month. Am I correct?

Also, I believe she should have been awarded LCWRAG backdated from January to June 2019. She has been given just over £120 for this period. Is this correct?

Many Thanks.

Comments

  • poppy12345
    poppy12345 Posts: 18,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tattycat6 wrote: »
    I am helping a friend with her benefits and would like some advice.

    She is 58 years old and lives with her mother.

    She was claiming IR ESA (Support Group) but was found fit for work in December 2018. She asked for a Mandatory Reconsideration which was unsuccessful so she made an Appeal.

    In January 2019 she claimed Carers' Allowance (her mother is in receipt of Attendance Allowance) and Universal Credit.

    She attended her Appeal in June 2019 and was put in the Limited Capability for Work Related Activity.Group

    I believe she should now receive the following Universal Credit:

    £317.82 Single person
    £160.20 Carer Element
    £336.20 LCWRAG

    which totals £814.22 less £286.65 Carers' Allowance so her total amount should be £527.57 per month. Am I correct?

    Also, I believe she should have been awarded LCWRAG backdated from January to June 2019. She has been given just over £120 for this period. Is this correct?

    Many Thanks.
    You can't be paid LCWRA and the carers element at the same time. See link for confirmation of this. https://www.entitledto.co.uk/help/Carers-with-limited-capability-for-work-Universal-Credit



    Her LCWRA should be honoured in the UC payments and any money owed should be backdated.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 August 2019 at 10:31AM
    As poppy says she cannot get carer element and LCWRA element so will receive the LCWRA element as this is worth more.

    Does mother receive Pension Credit and live alone? If she does she would be entitled to an additional amount known as a Severe Disability Addition but only if daughter does not receive Carer’s Allowance. As daughter will now get no financial benefit from Carer’s Allowance she might want to consider cancelling her claim if these circumstances apply to her mother.

    If it’s not relevant then it’s worth keeping the Carer’s Allowance going because this gives her Class 1 NI credits rather than the Class 3 she gets through UC.

    She should get LCWRA element backdated to the start of her UC claim but it will be the difference between the LCWRA element and the carer element that she gets.

    She should also be paid ESA Support Group component (and Enhanced Disability Premium if that was stopped too) from the date she was found fit for work until the UC start date.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Tattycat6
    Tattycat6 Posts: 17 Forumite
    Part of the Furniture 10 Posts
    Thank you both for your answers - I understand it now!

    As I said, she lives with her mother who receives Pension Credit but not Severe Disability Addition because of her daughter receiving Carers' Allowance.

    I will discuss with my friend whether or not she wishes to cancel her Carers' Allowance claim.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The SDP is worth £65.85/week.

    I recommend friend makes sure UC payments are correctly updated before making a decision on the CA.

    This page shows what NI credits you get in different situations https://www.gov.uk/national-insurance-credits/eligibility

    This page shows what the different types of NI Credit are for
    https://www.gov.uk/national-insurance/what-national-insurance-is-for

    Class 3 credits only count towards State Pension whereas Class 1 Credits count towards other benefits too.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 18,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tattycat6 wrote: »
    As I said, she lives with her mother who receives Pension Credit but not Severe Disability Addition because of her daughter receiving Carers' Allowance.
    As she lives with her mother then her mother won't be entitled to claim the severe disability premium unless the daughter is also claiming a qualifying benefit, such as PIP daily living or DLA mid/high rate care.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    poppy12345 wrote: »
    As she lives with her mother then her mother won't be entitled to claim the severe disability premium unless the daughter is also claiming a qualifying benefit, such as PIP daily living or DLA mid/high rate care.

    Quite right, I focused on the because of her daughter receiving Carer’s Allowance and overlooked the living with. Thanks poppy, for once again, correcting me. Apologies to OP.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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