Lcwra and carers

Littlemoo14

Hi I'm new to this , appreciate some advice please.just been approved for lcwra,I am also a carer despite having health problems myself.i recently had to migrate to UC so had my TP to cover my previous disability payments.now I am £200 a month less since applying for lcwra .this is absolutely unfair ,how can you be worse off for having health problems.should i appeal ? Thanks 

Spoonie_Turtle

You shouldn't be any worse off, but the increase of your award will have eaten away at the transitional element.  So that element will be lower but overall you should be receiving at least the same amount, if not slightly more depending on how much the TP was.

Edit: I was wrong, see following explanations - the above assumed the system would be working fairly.

If you can post a breakdown of your award before and after LCWRA we can probably help clear it up.

Littlemoo14

Thanks ,my original payment payment was £1228 it's now £1049 .had 625 TP which has now been cut to 209 as the £416 lcwra has been taken from it ,and my carers element has gone.i have contacted UV there saying they are aware of it and there is a lot of people affected by it .I just don't understand so stressed 

KxMx

The advice you had on another forum was correct, which I'll state for the benefit of others reading. 

When someone with both Transitional Protection and Carers Element is awarded LCWRA, two things happen. 

LCWRA replaces CE, as the same person cannot get both. 

Transitional Protection reduces by the LCWRA amount. 

Leaving the claimant worse off by almost £200.

As the system is currently - those things are correct.

There was a court challenge heard in the Upper Tribunal October 2024, the outcome of which is not yet known.

As an individual claimant I don't think there is a right of appeal because it isn't a mistake unfortunately, the system is working as it was designed. 

Littlemoo14

I understand it's correct,but it's not working if some people are getting less than they should .it's very unfair especially for carers the way this system is now .so no appeal process either .UV have admitted there is a shortfall and a lot of people are affected.but what will be done about it ? Just have to wait and see then .thanks for the reply 

KxMx

Waiting for the outcome of the Upper Tribunal is all that can be done. There are a lot of people affected by this and I hope it's positive news.
Some information about the case is here:

https://cpag.org.uk/welfare-rights/test-cases/test-case-updates/erosion-disabled-carers-tsdpe-due-addition-lcwra-element-and-removal-carer#:~:text=means for claimants-,Current status,Judgment is awaited.

Muttleythefrog

I would wait for the court judgement on this issue. Yes it seems unfair.

Littlemoo14

Thanks everyone much appreciated 

Spoonie_Turtle

Littlemoo14 said:

Thanks ,my original payment payment was £1228 it's now £1049 .had 625 TP which has now been cut to 209 as the £416 lcwra has been taken from it ,and my carers element has gone.i have contacted UV there saying they are aware of it and there is a lot of people affected by it .I just don't understand so stressed 

Oh I see, now I understand - I thought the TP would only decrease by the difference between the carer element and LCWRA, not the whole amount.

Thanks to those who've explained it.  That's terrible.

Newcad

This "unfair erosion" case at Upper Tribunal has been decided and the decision was released yesterday, 10 Feb 2025.

The Judge has ruled that the Transitional Element should only reduce by the difference between the LCWRA element that the claimant gains and the Carer element that they lose.

In other words, by eroding the full amount of LCWRA Element the DWP have been doing it wrong and breaching the claimants equality rights.

It is not yet known whether the DWP are intending to appeal the judgement.

CPAG who helped bring the case are writing a news report up.

For those used to reading court judgements a copy of the the judgement can be downloaded from here: https://www.rightsnet.org.uk/?ACT=39&fid=39&aid=2909_8A5I5Ud9DdZV5M3fUYq0&board_id=1

HillStreetBlues

I would temper expectation of a quick repayment even if the DWP doesn't appeal.
When the DWP lost the case about the disability premiums (Nov 23) on migrations from ESA to UC  it has given itself to Aug 25 to sort it completely out.