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Late WCA appeal having subsequently claimed UC (not in full service area)
This may have been covered in a previous thread but I can’t find anything so any advice gratefully received. Client fails WCA and after several months with no income claims UC. Late MR + appeal of WCA decision, appeal eventually successful and client found to have LCWRA. My understanding is that they have to remain on UC but will they get LCWRA element included in their maximum award for UC (following the successful appeal)? Or will they have to undergo another WCA for their UC claim?
if they arent in a full service area then my understanding is they can end their claim and return to ESA etc.
issue 251 of the cpag bulletin goes over it.
Yes that’s definitely one option although in this case it would mean ending UC claim, asking for MR (to avoid gateway conditions) then claiming JSA pending the outcome, lodging appeal and then returning to ESA. Fairly protracted process as compared to simply staying on UC and appealing the WCA decision (if a favourable decision at tribunal will carry over to the UC claim).
Would also be useful to know how this would work in a full/digital area if anyone has any ideas…
I just helped someone make a claim for UC in East Lothian, a full/digital area. He has moved from Edinburgh where he’s been getting ESA. The online claim process didn’t have anywhere that we could note that he had LCW already - the health condition questions just asked whether he had a fit note
Not quite the same as your question, but similar issues…