AET Threshold

pw22

Hi everyone,

Hoping for some help....

My partner was moved to UC and was awarded transitional protection in 2018 due to LCW.

His earnings fell below the EAT threshold last Summer due to him attending a training course and his transitional protection payment was stopped.

We have an appeal hearing booked for later this month as I don't believe the new AET criteria introduced in September 2022 apply to claimants with LCW.

Would anyone have any advice or experience? Thanks

calcotti

pw22 said:

My partner was moved to UC and was awarded transitional protection in 2018 due to LCW.

I am not aware of any transitional protection for LCW.
A person getting LCW before 3rd April 2017 is entitled to continue to get a LCW payment included when calculating the UC maximum amount - but that is not a transitional protection element.
The LCW element therefore cannot be affected by any rules to do with transitional elements.

HillStreetBlues

If OP partner was on ESA  WRAG  and was getting a payment for this, if they switched to UC (maybe because of over hours for permitted work), would that explain a TP?

But to me that wouldn't explain AET  on LCW.

pw22

Sorry if I have provided incorrect information. In 2018 he was claiming ESA and was moved to UC which resulted in a reduced payment. 

He then went to tribunal in November 2018 and then got an additional payment due to LCW and transitional protection, I believe.

Everything was fine until November last year when his payment reduced due to loss of transitional protection due to not reaching the AET minimum amount for three months.

HillStreetBlues

pw22 said:

Sorry if I have provided incorrect information. In 2018 he was claiming ESA and was moved to UC which resulted in a reduced payment. 

He then went to tribunal in November 2018 and then got an additional payment due to LCW and transitional protection, I believe.

Everything was fine until November last year when his payment reduced due to loss of transitional protection due to not reaching the AET minimum amount for three months.

Was there a reassessment?

Being on LCW there should be no AET, as that person isn't required to work.

pw22

HillStreetBlues said:

pw22 said:

Sorry if I have provided incorrect information. In 2018 he was claiming ESA and was moved to UC which resulted in a reduced payment. 

He then went to tribunal in November 2018 and then got an additional payment due to LCW and transitional protection, I believe.

Everything was fine until November last year when his payment reduced due to loss of transitional protection due to not reaching the AET minimum amount for three months.

Was there a reassessment?

Being on LCW there should be no AET, as that person isn't required to work.

No the only assessment he had was in 2018 which resulted in him going to tribunal.

That was my question in my first post - I don't think the AEP should apply to him as he has LCW. 

Hooe this makes sense - thanks everyone for your help..

HillStreetBlues

Think I have worked it out

Was in ESA getting payment for WRAG
Moved to UC and got TP  because of the WRAG payment
TP stopped

They are applying AET  and you feel it's incorrect.

First why was TP stopped?
Second  did they carry over WRAG to UC  so in LCW?

As I agree, in LCW there is no requirement to work,  so can't be any minimum to earn.

My guess would be that it was incorrectly transferred with no LCW.

calcotti

pw22 said:

He then went to tribunal in November 2018 and then got an additional payment due to LCW and transitional protection, I believe.

HillStreetBlues said:

If OP partner was on ESA  WRAG  and was getting a payment for this, if they switched to UC (maybe because of over hours for permitted work), would that explain a TP?

As per my first reply, the LCW element is, to the best of the knowledge, not a transitional element. Therefore the transitional element rules seem to be irrelevant.

LCW element is simply a UC payment entitlement for people found to have LCW prior to 3rd April 2017 - nothing to due with transitional protection.

pw22

Sorry - hopefully the summary below helps - 

2017 - started claiming ESA
February / March 2018 - had assessment which stopped his claim for ESA due to No Limited Capability for Work decision. Appeal was submitted
November 2018 - appeal awarded him LOW and a transitional payment protection

Everything was fine until November 2022 when his UC payment was reduced due to loss of transitional protection. When we contacted UC, their decision was due to him not meeting AET for three months last Summer.

From my research, I don't think that should have happened...but there is so much information online hence my question here...

Thanks everyone...

Spoonie_Turtle

This might be irrelevant and/or completely the wrong line of thought but did he have/should he have had the SDP in his ESA and that's the reason for the transitional payment?

pw22

HillStreetBlues said:

Think I have worked it out

Was in ESA getting payment for WRAG
Moved to UC and got TP  because of the WRAG payment
TP stopped

They are applying AET  and you feel it's incorrect.

First why was TP stopped?
Second  did they carry over WRAG to UC  so in LCW?

As I agree, in LCW there is no requirement to work,  so can't be any minimum to earn.

My guess would be that it was incorrectly transferred with no LCW.

I think the above is what I was trying to explain badly...😀

TP was stopped November 2022 due to failing to meet AET for three months...