Universal credit wca decsion

Marko1930

My wife is in receipt of pip

Rubyroobs

Ok so as long as your disabled child is in receipt of middle rate CARE component of DLA you were entitled to the disabled child element and your wife was eligible to claim carers element for the child. You can then claim carers element for your wife. I cannot see where you have been overpaid. I suggest the UC adviser does not know the rules. Now that your wife has been awarded LCWRA, that is higher than the carers element so she will get £336 LCWRA element and lose £160 carers element.

Rubyroobs

Your wife also needs to be in receipt of the daily living component of PIP for you to claim carers element for her.

Marko1930

I'm hoping the advisor as this wrong
She said putting the lwcra on as taken the my wife's carers off which was fine but my daughters disabled child element which then caused a over payment from the 3rd statement in july
So are now advising us to call debt management
To arrange paying of this over payment

Is it worth ringing them back or just leaving this alone
I trust your advice more than my own

Marko1930

My wife is in receipt pip enhanced care
Standard living

calcotti

Marko1930 wrote: »

I'm hoping the advisor as this wrong
She said putting the lwcra on as taken the my wife's carers off which was fine but my daughters disabled child element which then caused a over payment from the 3rd statement in july
So are now advising us to call debt management
To arrange paying of this over payment

Is it worth ringing them back or just leaving this alone
I trust your advice more than my own

Sorry but I don't understand what you are saying in this post.
1) Are you saying that DWP have agreed that they should apply the LCWRA element in place of the Carer element. If so, good (and they should have known this in the first place!).

2) What do you mean "but my daughters disabled child element which then caused a over payment from the 3rd statement in july ". The disabled child element should be unchanged.

Marko1930

Sorry I'm not making sense
They have taken my daughters disability element off my universal credit as well as the carers element
And when calculating each award from july and adding the lwcra to each award since july and taking off the carers element and child disabled element
It caused a over payment

Rubyroobs

Marko1930 wrote: »

Sorry I'm not making sense
They have taken my daughters disability element off my universal credit as well as the carers element
And when calculating each award from july and adding the lwcra to each award since july and taking off the carers element and child disabled element
It caused a over payment

That doesn't sound correct unless your daughter has had a recent assessment and lost her DLA. There is no reason for that element to have been removed, I think you will need to speak to them or message on your journal asking them to re- instate it.

Marko1930

Iv spoke to welfare rights which they back up the advice iv received off here
The only element that should of been removed when they added the lwcra onto our claim should of been my wife's carers element
Iv left a message on my journal stating this

But to clear it up all in all
Because my wife as been awarded lwcra today
In turn they removed
Her carers element (which was okay) and would of given us a small amount of back pay
But the also removed our daughter's disability element

Rubyroobs

Marko1930 wrote: »

Iv spoke to welfare rights which they back up the advice iv received off here
The only element that should of been removed when they added the lwcra onto our claim should of been my wife's carers element
Iv left a message on my journal stating this

But to clear it up all in all
Because my wife as been awarded lwcra today
In turn they removed
Her carers element (which was okay) and would of given us a small amount of back pay
But the also removed our daughter's disability element

Yes it definitely sounds like UC have made a mistake. Hopefully your journal message will be seen by someone who knows what they are doing as you should not have an overpayment with that change, you will be due some backpay of the difference between the LCWRA element and the carers element. Hope you get it sorted quickly. Try not to worry.