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LCWRA automatic addition owing to exceptional circumstances
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1 week 5 days ago #297630 by MPS
LCWRA automatic addition owing to exceptional circumstances was created by MPS
Does anyone have any information or experience with the health element being added automatically to their basic UC award?
There are instances of this component granted on pregnancy/cancer/terminal illness/long term serious illness bypassing the assessment process.
Please share your thoughts and knowledge.
I would be really grateful for that.
Kind regards
There are instances of this component granted on pregnancy/cancer/terminal illness/long term serious illness bypassing the assessment process.
Please share your thoughts and knowledge.
I would be really grateful for that.
Kind regards
- David
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1 week 5 days ago #297634 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic LCWRA automatic addition owing to exceptional circumstances
Hi MPS,
All you need to know is in Schedule 9 of the UC Regs -
SCHEDULE 9
Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity
Terminal illness
1. The claimant is terminally ill.
Pregnancy
2. The claimant is a pregnant woman and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work and work-related activity.
Receiving treatment for cancer
3. The claimant is—
(a)receiving treatment for cancer by way of chemotherapy or radiotherapy;
(b)likely to receive such treatment within 6 months after the date of the determination of capability for work and work-related activity; or
(c)recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work and work-related activity.
Risk to self or others
4. The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.
Disabled and over the age for state pension credit
5. The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance, the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate.
David
All you need to know is in Schedule 9 of the UC Regs -
SCHEDULE 9
Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity
Terminal illness
1. The claimant is terminally ill.
Pregnancy
2. The claimant is a pregnant woman and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work and work-related activity.
Receiving treatment for cancer
3. The claimant is—
(a)receiving treatment for cancer by way of chemotherapy or radiotherapy;
(b)likely to receive such treatment within 6 months after the date of the determination of capability for work and work-related activity; or
(c)recovering from such treatment,
and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work and work-related activity.
Risk to self or others
4. The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.
Disabled and over the age for state pension credit
5. The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance, the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MPS
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1 week 4 days ago #297671 by MPS
Replied by MPS on topic LCWRA automatic addition owing to exceptional circumstances
Thank you David,
How is this implemented in real life scenario and what is the process?
What needs to be done to initiate this Schedule 9 regulation and then to put it in place?
How is this implemented in real life scenario and what is the process?
What needs to be done to initiate this Schedule 9 regulation and then to put it in place?
- David
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1 week 4 days ago #297673 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic LCWRA automatic addition owing to exceptional circumstances
Hi MPS,
Are you able to send UC Journal messages ?
David
Are you able to send UC Journal messages ?
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 week 3 days ago #297696 by MPS
Replied by MPS on topic LCWRA automatic addition owing to exceptional circumstances
yes
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1 week 3 days ago #297699 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic LCWRA automatic addition owing to exceptional circumstances
Hi MPS,
You could communicate with the DWP either using the change of circumstances function on the UC account or via a Journal message.
David
You could communicate with the DWP either using the change of circumstances function on the UC account or via a Journal message.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MPS
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