"new style" ESA and UC inheritance

pmlindyloo

Sorry, Calcotti.  I did know that, just mis typed.  Have edited for future readers.

calcotti

Confirmation that your LCWRA status should be recognised:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/874567/admu2.pdf

U2680 A claimant is treated as having LCWRA if

.......

4. they are entitled to UC and it has determined that they have LCWRA following assessment under UC rules

joshgiova

Thanks. That’s useful to know.

calcotti

TELLIT01 said:

_shel said:

 If you are getting in excess of £16k why the need to worry about £113 

Why shouldn't they claim benefits to which they are entitled?  

Indeed - £113.55/week may not sound much but it's £5,920/annum which is hardly a trifling sum.

joshgiova

I just thought I would update this thread with my experience on trying to make the claim. I initially tried making contact through my UC Journal but local jobcentre do not seem to have a clue with the procedures or rules, they told me to ring the contact centre. The contact centre staff dont seem to know the procedures either, the first call I made I was told to print off the form, fill it in and post it through the letterbox of the jobcentre. Jobcentre didn't like that idea either.

I made another call this morning and spoke to someone more useful, who didn't know the procedure but at least made effort to find it out. I was emailed a link (they are very clear you should not share it, even though not unique) to an online version of the form. The form states that you shouldn't use it if you are already claiming UC like me but rather apply through your journal however as that has not worked, I filled it in anyway. 

I will update if successful. I suspect a mandatory reconsideration may be necessary if DM does not follow rules around CA and contribution conditions. 

joshgiova

A further update. I received decision notice today saying I was not entitled. I believe as expected this is due to the exception around Carer’s Allowance not being applied correctly. 

I have asked for a mandatory reconsideration explaining the reasons and will report back.

joshgiova

Ok, so after asking on the phone for a reconsideration they have said as I am relying on 18/19 and 18/20 tax years. I am unable to claim until January next year? 

I can see that the 19/20 tax year has already been updated on the HMRC portal. Does this have any basis in any of the relevant laws?

joshgiova

joshgiova said:

Ok, so after asking on the phone for a reconsideration they have said as I am relying on 18/19 and 18/20 tax years. I am unable to claim until January next year? 

I can see that the 19/20 tax year has already been updated on the HMRC portal. Does this have any basis in any of the relevant laws?

I think I have answered my own question. Benefit years run from January rather than April, so the relevant tax years are currently 17/18 and 18/19. I am therefore unable to claim as I am slightly short of credits in 17/18. I will be entitled from January 2021.

calcotti

joshgiova said:

Ok, so after asking on the phone for a reconsideration they have said as I am relying on 18/19 and 18/20 tax years. I am unable to claim until January next year? 

I can see that the 19/20 tax year has already been updated on the HMRC portal. Does this have any basis in any of the relevant laws?

The point however is that if you were receiving Carers Allowance at any time during the 2018/19 tax year you shouldn't be relying solely on those two tax years. You need those two years to be full in respect of having credits applied but can rely on any year to meet the 26 weeks actually paid rule.

Have you had a Mandatory Reconsideration Notice in response to your request for an MR?

joshgiova

17/18 was not full. I have checked my record it has 45 weeks from CA which is short of 5 weeks.