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PIP SR1 LCWRA and Sick Pay
- Lc332
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5 months 2 weeks ago #291955 by Lc332
PIP SR1 LCWRA and Sick Pay was created by Lc332
Hello,
I am trying to find out whether an SR1 form for terminal cancer would entitle the applicant to the LCWRA element of UC and whether this would just be reduced by the earnings or whether being employed would make the applicant ineligible?
Thanks
I am trying to find out whether an SR1 form for terminal cancer would entitle the applicant to the LCWRA element of UC and whether this would just be reduced by the earnings or whether being employed would make the applicant ineligible?
Thanks
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- Gordon
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5 months 2 weeks ago #291958 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP SR1 LCWRA and Sick Pay
Lc
I am very sorry to hear you or another person has such a diagnosis.
Forgive me if this sounds cruel.
So, to be awarded LCWRA or the higher rate of PIP Daily living, the claimant must have a diagnosis where death is reasonably expected within one year, a doctor will need to confirm this.
For LCWRA there are two options; New Style ESA and UC. Both can be claimed but the NS ESA will be deducted from the UC £ for £, the advantage is that the ESA is paid every fortnight and UC is monthly.
New Style ESA is a Contribution Based benefit so the person will need to have worked throughout the two Tax Years 2021-22 and 2022-23. Contribution benefits are not affected by savings and income with the exception of pension income where there can be a deduction. Working is restricted to less than 16 hours a week and a claim cannot be made while Statutory Sick Pay is in payment.
UC is a means tested benefit so income, savings and assets can reduce the amount being paid but there are earning limits before these deductions take place. There is no restriction on work hours once an award has been made but the person should not be working for 16 or more hours before this happens.
Both benefits use a review process called the Work Capability Assessment, there should be no need for this with the SR1 but if issued then the form, an ESA50 or UC50 has a section that covers radio or chemo therapy which a doctor can complete and also awards LCWRA.
I mentioned PIP at the beginning, it is not a work related benefit but is rather intended to help with the extra costs that the claimant's conditions may cause. There is a Mobility component which is not awarded automatically but if the person's ability to walk or go out is affected then it could be awarded following an assessment.
There are guides to ESA/UC and PIP in the member's area, follow the Guides link at the top of the page.
If you have more questions then reply to this post and we will do our best to help.
Gordon
I am very sorry to hear you or another person has such a diagnosis.
Forgive me if this sounds cruel.
So, to be awarded LCWRA or the higher rate of PIP Daily living, the claimant must have a diagnosis where death is reasonably expected within one year, a doctor will need to confirm this.
For LCWRA there are two options; New Style ESA and UC. Both can be claimed but the NS ESA will be deducted from the UC £ for £, the advantage is that the ESA is paid every fortnight and UC is monthly.
New Style ESA is a Contribution Based benefit so the person will need to have worked throughout the two Tax Years 2021-22 and 2022-23. Contribution benefits are not affected by savings and income with the exception of pension income where there can be a deduction. Working is restricted to less than 16 hours a week and a claim cannot be made while Statutory Sick Pay is in payment.
UC is a means tested benefit so income, savings and assets can reduce the amount being paid but there are earning limits before these deductions take place. There is no restriction on work hours once an award has been made but the person should not be working for 16 or more hours before this happens.
Both benefits use a review process called the Work Capability Assessment, there should be no need for this with the SR1 but if issued then the form, an ESA50 or UC50 has a section that covers radio or chemo therapy which a doctor can complete and also awards LCWRA.
I mentioned PIP at the beginning, it is not a work related benefit but is rather intended to help with the extra costs that the claimant's conditions may cause. There is a Mobility component which is not awarded automatically but if the person's ability to walk or go out is affected then it could be awarded following an assessment.
There are guides to ESA/UC and PIP in the member's area, follow the Guides link at the top of the page.
If you have more questions then reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lc332
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5 months 2 weeks ago #291967 by Lc332
Replied by Lc332 on topic PIP SR1 LCWRA and Sick Pay
Thank you - this is regarding my husband's health/employment/entitlement - he currently os contracted 18.5 hours but is on sick leave and receiving sick pay at the moment. The macmillan nurse has sent an SR1 form due to his prognosis, but I am still unsure whether he is eligible for the LCWRA payment in addition to his sick pay. We are already in receipt of UC - I work 22.5 hours and am also currently on sick leave -due to the stress related to the ongoing situation.
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- Gordon
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5 months 2 weeks ago #291970 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP SR1 LCWRA and Sick Pay
Lc
You can't do anything until the SR1 is completed by a doctor but once it is make the DWP aware via your UC Journal.
Sick pay is not a problem nor is his work if he is signed off by a GP.
The LCWRA should be automatic and the SR1 will mean that the claim is fast tracked.
Gordon
You can't do anything until the SR1 is completed by a doctor but once it is make the DWP aware via your UC Journal.
Sick pay is not a problem nor is his work if he is signed off by a GP.
The LCWRA should be automatic and the SR1 will mean that the claim is fast tracked.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lc332
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5 months 2 weeks ago #292129 by Lc332
Replied by Lc332 on topic PIP SR1 LCWRA and Sick Pay
Thank you Gordon.
The UC LCWRA has now been acknowledged and to our claim via a UC agent and a letter acknowledging receipt of the PIP application too so hopefully that will be done for him soon too.
Just trying to make sure he has access to all he his eligible for to make his time as enjoyable as possible.
The UC LCWRA has now been acknowledged and to our claim via a UC agent and a letter acknowledging receipt of the PIP application too so hopefully that will be done for him soon too.
Just trying to make sure he has access to all he his eligible for to make his time as enjoyable as possible.
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