Income Support Incapacity and UC LCWRA

Hi All,

I have a case where a claimant has been on IS since Sept 2015-was in receipt of DP and EDP with claim (in receipt of PIP also) Transferred to UC and although initially refused LCW – was awarded LCWRA on MR stage- The issue is the DWP have said needs to serve 3 month waiting period. I am looking to see if there is any argument on the claimant not having to meet the waiting period. (not convinced there is though!).

Use Reg 22 The Universal Credit (Transitional Provisions) Regulations 2014 in the MR to say that client met these regs and therefor should not have to serve 3 months period.

The DM acknowledges these regs and puts them in the MRN but rather unhelpfully has thrown a bit of a red herring in that they say ‘your IS and UC claims over lap however you did not receive a SDP in you IS claim and this legislation only carries over if your in receipt of a SDP’ which is nonsense.

The old IS rules for getting it under incapacity state existing claimants who are sick or disabled and in receipt of Income Support prior to 27.10.08 and who continue to receive Income Support after that date- is this enough to show they would have had lcwra despite never getting ESA on those grounds?

Any thoughts would be most appreciated- thanks in advance.

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