Universal credit wca decsion

Has you will know from my post last week my wife went for a wca for universal credit
She had her decision today which they have placed her in the one where she doesn't need to look for work or go to any job centre appointments and that she will be awarded extra money
We thought brilliant as we are struggling as it is
But another note added onto her journal to say someone on her claim is already getting that element and we won't be entitled to any extra money
The only elements on there are
2 carers elements £320
1 disabled child element £126
And the housing and personal element
And for 2 children
We have struggled upto this point due to being on universal credit
But the lady on the journal states that I'm recovering this sickness element which I am not and we have stressed this to them
Any advice on how to approach this
Thank you
«13

Comments

  • Rubyroobs
    Rubyroobs Posts: 1,051 Forumite
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    edited 27 November 2019 at 3:23PM
    She will get the LCWRA element but will lose the carers element that she currently gets so will be about £176 a month better off. You need to ring them to clarify it but if you have never been assessed for work capability you are unlikely to be getting it. She is probably getting confused with the carers elements. I'm not sure how you currently get 2 x carers elements though if you only have one disabled child unless one of you is claiming PIP also ??
  • poppy12345
    poppy12345 Posts: 18,878 Forumite
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    edited 27 November 2019 at 3:27PM
    Marko1930 wrote: »
    Has you will know from my post last week my wife went for a wca for universal credit
    She had her decision today which they have placed her in the one where she doesn't need to look for work or go to any job centre appointments and that she will be awarded extra money
    We thought brilliant as we are struggling as it is
    But another note added onto her journal to say someone on her claim is already getting that element and we won't be entitled to any extra money
    The only elements on there are
    2 carers elements £320
    1 disabled child element £126
    And the housing and personal element
    And for 2 children
    We have struggled upto this point due to being on universal credit
    But the lady on the journal states that I'm recovering this sickness element which I am not and we have stressed this to them
    Any advice on how to approach this
    Thank you
    Your partner won't be able to claim the carers element of UC as well as the LCWRA element, instead they will receive the higher element, which is the LCWRA. This will give an extra £176 per month on top of what you already receive but one carers element will be removed.


    Also to add, are you sure the decision was LCWRA and not LCW? if it's LCW then no extra money will be received. Please check your journal to see exactly what it says.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 27 November 2019 at 3:33PM
    Marko1930 wrote: »
    ...another note added onto her journal to say someone on her claim is already getting that element and we won't be entitled to any extra money

    If the DWP have posted that note on your journal it is incorrect. As others have explained she will be entitled to the LCWRA element but will lose the carer element.

    It may be sensible for you to post a response asking for clarification.

    From what you have said your existing claim is:
    Basic + housing + two children + disabled child + two carer

    It should now be:
    Basic + housing + two children + disabled child + one LCWRA + one carer
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Rubyroobs
    Rubyroobs Posts: 1,051 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    And if both you and your wife are eligible for LCWRA and for some reason that is not currently showing on your statement then only one of you can receive it not both. So one would claim the LCWRA and one the carers element.
  • Thank you very much
    They said in the letter that she will be entitled to back pay as well
    But then the note on the journal says she's not entitled to extra payments
    I will contact them
    Also if they remove the carers element and add the lwcra to her claim
    Will she still be owed back pay like the letter originally claimed it states she will be paid from 3 months after her first fit note was handed in
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Marko1930 wrote: »
    Also if they remove the carers element and add the lwcra to her claim
    Will she still be owed back pay like the letter originally claimed it states she will be paid from 3 months after her first fit note was handed in
    She will still be owed any arrears but the amount will be £176/month (the difference between LCWRA and carer), not the full LCWRA amount of £336/month.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Just to update you all
    I have been on the phone to universal credit
    And my wife is left with a over payment and no back pay
    I'm distraught
    They cancled out the child disabled element
    And the carers element
    And placed the lwcra on the claim
    And because the lwcra is more than both elements they have removed its caused a over payment which I now need to pay back
    So we get the best news for it to be bad news that we now owe universal credit money and they owe my wife nothing
  • The woman stated that when receiving lwcra we cant have the disable child element and carers element on there
    But now saying they have over paid us
    She said they was going to be a underpayment owed to us but they over payment has cancelled it out
  • Rubyroobs
    Rubyroobs Posts: 1,051 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Marko1930 wrote: »
    The woman stated that when receiving lwcra we cant have the disable child element and carers element on there
    But now saying they have over paid us
    She said they was going to be a underpayment owed to us but they over payment has cancelled it out

    Do you have a disabled child? How many people in your household are in receipt of a disability benefit?
  • We have 3 children 1 of them is in receipt of middle rate dla
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