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Transitional payment protection decreased after awarded LCWRA
- Karen24
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2 days 20 hours ago #311576 by Karen24
Transitional payment protection decreased after awarded LCWRA was created by Karen24
Good morning,
I was migrated over from income support to UC last year. I received a transitional payment protection with my new claim and also the carers element along with my standard allowance. However when I was assessed as having LCWRA, which I received , however, like for like money was taken off my transitional payment protection amount and my carers element stopped. In doing this I have been left over £200 a month worse off, including when I was on legacy benefits.
I came across the following court case : SSWP v MJ [2025] and upon requesting a mandatory reconsideration, I included it.
The above court case clearly states that :
The transitional element should be reduced by the difference between the LCWRA element which is added and the CE (carers element) which is removed.
If this was done on my claim , I would not be over £200 a month worse off.
This was back in June 2025, I have left eleven messages on my journal and only received two short reply’s, telling me it’s with the decision maker, and I’m left struggling and my health is suffering.
Please can you advise me, A : if I’m correct in what I’m saying regarding the court case ?
And B : what are my next steps?
Thank you
I was migrated over from income support to UC last year. I received a transitional payment protection with my new claim and also the carers element along with my standard allowance. However when I was assessed as having LCWRA, which I received , however, like for like money was taken off my transitional payment protection amount and my carers element stopped. In doing this I have been left over £200 a month worse off, including when I was on legacy benefits.
I came across the following court case : SSWP v MJ [2025] and upon requesting a mandatory reconsideration, I included it.
The above court case clearly states that :
The transitional element should be reduced by the difference between the LCWRA element which is added and the CE (carers element) which is removed.
If this was done on my claim , I would not be over £200 a month worse off.
This was back in June 2025, I have left eleven messages on my journal and only received two short reply’s, telling me it’s with the decision maker, and I’m left struggling and my health is suffering.
Please can you advise me, A : if I’m correct in what I’m saying regarding the court case ?
And B : what are my next steps?
Thank you
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- David
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7 hours 22 minutes ago #311637 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Transitional payment protection decreased after awarded LCWRA
Hi Karen24
You are correct about the Upper Tribunal case. Here is the DWP internal guidance fro DMs relating to the subject:-
"Which cases can have the MJ decision applied to them by yourselves?
• Where the effective date of the LCWRA Element and erosion decision falls
in an Assessment Period
which contains the 29/01/25, or
begins after 29/01/25, and
• There is an MR request, or an appeal to the First-tier Tribunal.
Then you can apply the MJ decision and revise accordingly, lapsing the appeal if
appropriate."
www.whatdotheyknow.com/request/guidance_...%20APPROVED.pdf.html
You can either make a Mandatory Reconsideration yourself to the DWP or else you could tell me your town or city and I can find the email of the DWP Area manager to whom you could complain.
David
You are correct about the Upper Tribunal case. Here is the DWP internal guidance fro DMs relating to the subject:-
"Which cases can have the MJ decision applied to them by yourselves?
• Where the effective date of the LCWRA Element and erosion decision falls
in an Assessment Period
which contains the 29/01/25, or
begins after 29/01/25, and
• There is an MR request, or an appeal to the First-tier Tribunal.
Then you can apply the MJ decision and revise accordingly, lapsing the appeal if
appropriate."
www.whatdotheyknow.com/request/guidance_...%20APPROVED.pdf.html
You can either make a Mandatory Reconsideration yourself to the DWP or else you could tell me your town or city and I can find the email of the DWP Area manager to whom you could complain.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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