mixed age couples – entitlement to LCWRA

I am advising a couple. She was IRO ESA (SG) which stopped on 18.10.20 as she had reached SRA. He is working age. Unfortunately, they did not claim UC until 26.10.20. No reason for backdate. They were advised of both ESA and HB stopping but took no action.

As she has enhanced PIP she will be treated as having LCWRA under Schedule 9 of the UC Regs 2013. However, looking at Reg 28, this is not one of the situations where LCWRA should be paid straight away. We cannot rely on Reg 19 of TP Regs 2014 as she was not IRO of ESA on the relevant date, the date of the claim.

It appears they will have to wait for the three months, even though she will not have to go through the WCA. It took a lot of arguing with UC, via client’s journal, and they have finally agreed with me that LCWRA should be paid but only after the three months. It has now gone to a DM. Unfortunately, I think the DWP are correct. Any advice please? Thank you

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