UC LCWRA appeal

poppy12345

tifo said:

NedS said:

Consider a disabled claimant with LCW and their partner who cares for them. The carer, who is fit and able to work, does not have to attend appointments as they are in NWRR whereas the person with the disability and LCW attends regular appointments to discuss moving into work.

I didn't know someone with LCW could have a carer? Thought that's only with PIP or other disability related benefit.

You are correct, they can't unless claiming either Daily living PIP/ DLA mid/high rate care or AA.

calcotti

tifo said:

NedS said:

Consider a disabled claimant with LCW and their partner who cares for them. The carer, who is fit and able to work, does not have to attend appointments as they are in NWRR whereas the person with the disability and LCW attends regular appointments to discuss moving into work.

I didn't know someone with LCW could have a carer? Thought that's only with PIP or other disability related benefit.

You've misread the post. Ned was just giving an example of a coupe where one is a carer and one has LCW. He didn't say they were getting carer because of the LCW. Either the person with LCW is also getting a disability benefit or the carer is caring for a child or somebody else outside the couple.

tifo

calcotti said:

Tifo:

I didn't know someone with LCW could have a carer? Thought that's only with PIP or other disability related benefit.

You've misread the post. Ned was just giving an example of a coupe where one is a carer and one has LCW. He didn't say they were getting carer because of the LCW. Either the person with LCW is also getting a disability benefit or the carer is caring for a child or somebody else outside the couple.

 Yes, you're right. I misread it as the person with LCW has a carer but didn't think they might also get PIP, though if a person can't get LCWRA they're unlikely to get PIP.

nannytone_2

That's not true.
Lots of people who receive  PIP wouldn't qualify dor LCWRA/support group ESA.
My own situation...
I am blind and if I could read braille, I would be in LCW/WRAG ESA.
Y gey enhanced PIP for both componants

poppy12345

tifo said:

calcotti said:

Tifo:

I didn't know someone with LCW could have a carer? Thought that's only with PIP or other disability related benefit.

You've misread the post. Ned was just giving an example of a coupe where one is a carer and one has LCW. He didn't say they were getting carer because of the LCW. Either the person with LCW is also getting a disability benefit or the carer is caring for a child or somebody else outside the couple.

if a person can't get LCWRA they're unlikely to get PIP.

I disagree. Lots of people claim PIP and don't qualify for LCWRA.

tifo

poppy12345 said:

tifo said:

if a person can't get LCWRA they're unlikely to get PIP.

I disagree. Lots of people claim PIP and don't qualify for LCWRA.

I don't know then.

I'm going from my own experience with my WCA and PIP claims, the DWP brought my PIP claim into my WCA appeal at the tribunal and again said "he doesn't meet the criteria for PIP so doesn't meet the criteria for LCW(RA), 2 assessments can't be wrong". I expect them to say the same with my PIP appeal if i've been declined for LCW(RA). But from UC actions I may have been given LCW, which puts me in a worse situation than I am in at the moment as i'll have to 'prepare for work' whereas I don't have any such requirements now.

I can understand that they're separate benefits with their own criteria but the DWP mix them up when needed.

NedS

tifo said:

poppy12345 said:

tifo said:

if a person can't get LCWRA they're unlikely to get PIP.

I disagree. Lots of people claim PIP and don't qualify for LCWRA.

I don't know then.

I'm going from my own experience with my WCA and PIP claims, the DWP brought my PIP claim into my WCA appeal at the tribunal and again said "he doesn't meet the criteria for PIP so doesn't meet the criteria for LCW(RA), 2 assessments can't be wrong". I expect them to say the same with my PIP appeal if i've been declined for LCW(RA). But from UC actions I may have been given LCW, which puts me in a worse situation than I am in at the moment as i'll have to 'prepare for work' whereas I don't have any such requirements now.

I can understand that they're separate benefits with their own criteria but the DWP mix them up when needed.

Yes, just because DWP says it, doesn't make it so. Hopefully the tribunal magistrate knows better and would disregard such arguments. Of if you have representation, they would challenge and discredit those arguments.

calcotti

tifo said:.., the DWP brought my PIP claim into my WCA appeal at the tribunal and again said "he doesn't meet the criteria for PIP so doesn't meet the criteria for LCW(RA), 2 assessments can't be wrong".

Definitely wrong.
People who work can get PIP and equally people who do not qualify for PIP may meet a descriptor for LCWRA.

tifo

NedS said:

Yes, just because DWP says it, doesn't make it so. Hopefully the tribunal magistrate knows better and would disregard such arguments. Of if you have representation, they would challenge and discredit those arguments.

Yes, hopefully the judge knew they're talking rubbish.

I attended myself, no representative.

tifo

Got LCW.

Which puts me in a worse position than I am in now.