UC LCWRA Reassessment

Hello all.
I am new here. A recent letter via my journal informing me my claim's up for review prompted me to join to see if I can get a little advice or insight. I receive the LCWRA component of UC. Originally, I'd applied for ESA and was put straight into the support group. Then when I got transferred onto UC I was automatically given that extra entitlement. 

During the last couple of years, I have taken up work and now earn over that threshold amount which would disqualify you as a new applicant looking to be considered for LCWRA. Having said this, my health condition is still with me and I am affected by it all the time - work can be very challenging and I sometimes struggle to cope.

I'm interested to know: is there much point in me completing and returning the health questionnaire? Are there any circumstances where the assessors are likely to reconfirm LCWRA despite the fact that the claimant is, in fact, working? My gut instinct is telling me no, as this is fundamentally a support for people who wouldn't be expected to be able to work much due to their condition. But then I can't help wondering why they bother sending the health questionnaire for you to complete instead of just stopping that extra benefit component as soon as they realise you're likely working a certain amount each week, or asking you to clarify your hours.

I went through a lot with my health last year, and to be honest, with the memories of it, coupled with how stressed out I am due to work at the moment, I only think it would be worth me taking the effort to gather all of my medical evidence and reapply if there was any chance of the LCWRA component actually being awarded again. If it's futile I'd rather not. Going through it all will be mentally and emotionally exhausting.

Thanks.
U.

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 January 2021 at 4:06PM
    If you don’t go through the process then you definitely will be treated as fit for work. Not only would you lose the LCWRA element but, unless you have children and/or a partner with LCW, you will also lose your Work Allowance meaning that the earnings deduction will also increase.

    if you go through the process and are found to have LCW then although you lose LCWRA you keep the Work Allowance.

    How realistic it is to be expected that you could be found to have LCW or LCWRA if you are working over 16 hours depends on the nature of your work and the nature of your health impacts. If the health impact means you meet one of the conditions for LCWRA then it should be awarded regardless of the work you are doing.

    Permitted work rules for ESA created a ‘cliff edge’ for claimants, UC has been designed to avoid that.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Thanks for your input - that was helpful. I wasn't really aware of the work allowance part.

    You mentioned that the nature of my work and health condition will go towards informing whether I will be placed in either LCW group. In that case, do you reckon I'd be best to explicitly mention my job and what it involves in the questionnaire? I guess the assessor won't be able to make an informed judgement unless I'm clear about the kind of work I do and how my health fits into that picture...
    Just can't help that suspicious feeling inside that mentioning my job will be tantamount to saying hi I don't need financial support any more please take it off me. Even though I know that's not how it's necessarily meant to work!


  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,034 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    userr_ said:
    Thanks for your input - that was helpful. I wasn't really aware of the work allowance part.

    You mentioned that the nature of my work and health condition will go towards informing whether I will be placed in either LCW group. In that case, do you reckon I'd be best to explicitly mention my job and what it involves in the questionnaire? I guess the assessor won't be able to make an informed judgement unless I'm clear about the kind of work I do and how my health fits into that picture...
    Just can't help that suspicious feeling inside that mentioning my job will be tantamount to saying hi I don't need financial support any more please take it off me. Even though I know that's not how it's necessarily meant to work!


    I would.  I'm pretty sure the assessor asks whether you currently work, even if the form doesn't.  Full transparency and details relevant to the descriptors will go better for you than trying to skirt round it.

    If you still meet a LCWRA descriptor you should still be awarded it, regardless of whether you actually manage to work or not. 
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Saying what you do, how you are able to manage it and the difficulties you have doing it will all help to inform how your health impacts you.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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