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LCW element under new UC claim, ESA MR successful
Just a quickie - client claimed UC rather than requesting a MR of the WCA failure under ESA. Successful in getting a late MR to assess client for WRAG. I know with LCWRA the element can be paid from day 1 of UC claim but just want confirmation that the LCW element can only be paid if there was an ESA claim before April 2017 (Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017, No.204)
Thanks!
This is correct, except for one niche case: If for some reason the claimant was only receiving NI credits for LCW prior to April 2017, then even if the ESA claim was made after April 2017, they would be entitled to the LCW element.
Sadly not. Thank you!