UC LCWRA appeal

tifo

calcotti said:

Another way of looking at that is that although you earn £1000/month the government still give yo, through UC, an extra £450 (which is tax free). They are obviously not going to give the same amount of UC to different people regardless of what they are earnings.

I don't know how they're giving me £450 by letting me keep £450 I've earnt.

Anyway, at the moment after partner's income and deductions after work allowance we get around £500 pm in UC. If I was earning the example £1,000 I used, they'd deduct another £550 from the £500 we're getting. Meaning £0 UC.

But this thread isn't about tax or taper. I just used an example for my circumstances and it may help others.

NedS

calcotti said:

NedS said: The UC system is already massively generous, much more so than the old legacy benefits system.

Would definitely disagree with the use of the word massively. UC is however more generous for some than legacy benefits - but equally it is less generous for others. 

Indeed, perhaps I should have been more specific and said generous in it's treatment of earnings (up to £573/month work allowance, 55p taper, 100% deductions for pension conts) compared to legacy benefits (JSA - £5/week disregard, no taper at all, only 50% deduction for pension conts). Does that warrant the use of massively?

tifo

NedS said:

Indeed, perhaps I should have been more specific and said generous in it's treatment of earnings (up to £573/month work allowance, 55p taper, 100% deductions for pension conts) compared to legacy benefits (JSA - £5/week disregard, no taper at all, only 50% deduction for pension conts). Does that warrant the use of massively?

Most working people would've been on tax credits before coming to UC for whatever reason, or are on them.

How generous is it compared to TC?

calcotti

tifo said: I don't know how they're giving me £450 by letting me keep £450 I've earnt.

If you don't claim UC you get paid nothing. If you do claim UC you get paid some money in addition to whatever other income you have. How is that not the government giving you some money.

tifo

I want to raise a complaint about the delay in my assessment. The delay cost me LCWRA as my conditions were much worse in March 2019 than they were in September 2021.

Initially I was under the misguided impression that the assessor and DWP decision makers would assess me from the start of my claim and give LCWRA or at least LCWRA for some of the time and LCW later. This would've made up for the delay and is fair. The fact that DWP can take as long as they want then assess how you are on the day is a bit unfair, especially for claimants whose conditions get better. I know this may be in the legislation but that doesn't mean DWP should get away with taking so long which changes the decision to the detriment of the claimant.

My complaint isn't about the decision, it's about the delay and the affect this had on the assessment.

I'll look at the decision later.

poppy12345

tifo said:

My complaint isn't about the decision, it's about the delay and the affect this had on the assessment.

I'll look at the decision later.

https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure#about-dwp-complaints

Don't leave it too long regarding the Tribunal decision because you only have 1 month from the date of the decision to request the SOR and ROP.

tifo

I've received the statement of reasons yesterday but not the recording. I'll read through it and request permission to appeal.

poppy12345

tifo said:

I've received the statement of reasons yesterday but not the recording. I'll read through it and request permission to appeal.

You need to find an error in law first, you can't just appeal because you disagree with the decision. Without this you can't appeal. You will need to find someone to take a look who knows what they are looking for. https://advicelocal.uk/

tifo

I've received a reply from DWP about the delay in 2019 for a WCA assessment when they cancelled the referral on the day the form was due. They received it the next day and i'd sent it by recorded delivery in time but royal mail delivered a few days late. They say the claim was passed to a decision maker who accepted it. But then nothing happened until a year later when they referred me again for a WCA and this is the one I had. They didn't reopen the first claim.

They apologise for the delay and inconvenience and have offered a (very) small amount in compensation, non negotiable.

I can pass it to ICE the independent case examiner.

My argument is that the 1 year delay meant I lost on the RA part of LCW because if i'd been assessed from the first form in 2019 I would have received LCWRA. Of course this would have been up to the decision maker but my situation in that year meant it would have been an easier decision for them, and the tribunal if needed. There was absolutely no chance i'd have been able to work in that year.

I had (un)fit notes from Feb 2019 (on UC) until Nov 2021 (the MR decision).

tifo

tifo said:

I've received the statement of reasons yesterday but not the recording. I'll read through it and request permission to appeal.

Permission to appeal to UT denied, I need to ask the UT now. I need to ask CAB or another agency for help.