LCWRA element on UC reclaim within 6 months.

Hi jace,

Are you asking if the information you were told, is correct or not ?

Chris.

Hi Jace,

Unfortunately I think that the DWP is correct in this instance. LCWRA status would have been retained if the reason for the claim closure in this instance had been excess income not savings in excess of the £16000 threshold.
See: www.legislation.gov.uk/uksi/2020/522/regulation/3/made

"Reclaims of universal credit after nil award due to earnings
32A.—(1) This regulation applies where—
(a)a claim is made for universal credit, but no award is made because the condition in section 5(1)(b) or 5(2)(b) of the 2012 Act (condition that the claimant’s income, or joint claimants’ combined income is such that the amount payable would not be less than the prescribed minimum) is not met; or
(b)entitlement to an award of universal credit ceases because that condition is not met.
(2) The Secretary of State may, subject to any conditions the Secretary of State considers appropriate, treat the claimant (or joint claimants) as making a claim on the first day of each subsequent month, up to a maximum of 5, that would have been an assessment period if an award had been made or, as the case may be, if the award had continued.”

David