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LCWRA/ESA Descriptor 6 - making self understood
- Spider
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5 days 5 hours ago #315010 by Spider
LCWRA/ESA Descriptor 6 - making self understood was created by Spider
I have a subscription for myself, but I'm also supporting a partner and hope it's ok to ask here about something to do with what is quite a complex problem. They can't cope with any of this, so it's me doing this work anyway.
Pretty sure my partner is entitled to LCWRA on Universal Credit; they have recently been diagnosed as autistic and were already diagnosed with ADHD. Currently, my partner declares a caring role for a child on DLA, and occasionally manages 3 hours of work per week. They are set to lose that job soon due to unreliability. They also require fairly substantial support to do the caring - my physical disability means I can do prompting and communication but nothing physical.
My partner loses words when stressed; this is everything from asking the time of a bus, asking directions, to conveying a hazard. It doesn't matter at home; if they were agitated and made any kind of gesture to follow or leave, we would do so and ask questions later. They certainly couldn't tell a stranger a paint can was going to fall from a ladder or that a ramp wasn't safe - if they were having a very good day they might wave their arms and make mmmmmmm noise while pointing, but usually it would be total silence and staring at the problem frozen.
My understanding is this meets descriptor 6 on the lcw/lcwra test and is also a support group descriptor?
My worry is the conflict with the current caring claim; they have significant care needs themselves. For instance, they struggle with the process of cooking for themselves; a combination of decision paralysis and motivation leaves them unable to do this. A prompt from me, a decision by the 13-year-old, and a kitchen set up with a cooker that has timers for turning off both the hobs and the oven to prevent fires and a house set up with connected smart speakers to provide reminders solves these problems and makes taking care of the child possible. The regular outcome is the child eats, and they don't. They are doing the labour, but it does take a group effort plus adaptations and aids.
Will it be possible to claim LCWRA under these circumstances - do they need to declare they aren't doing the care - even though they are doing the labour? The labour is becoming a problem also, but there isn't anybody else to perform it - and we will have budget issues if we give up £200 a month while we wait for a decision that we may need to appeal.
Pretty sure my partner is entitled to LCWRA on Universal Credit; they have recently been diagnosed as autistic and were already diagnosed with ADHD. Currently, my partner declares a caring role for a child on DLA, and occasionally manages 3 hours of work per week. They are set to lose that job soon due to unreliability. They also require fairly substantial support to do the caring - my physical disability means I can do prompting and communication but nothing physical.
My partner loses words when stressed; this is everything from asking the time of a bus, asking directions, to conveying a hazard. It doesn't matter at home; if they were agitated and made any kind of gesture to follow or leave, we would do so and ask questions later. They certainly couldn't tell a stranger a paint can was going to fall from a ladder or that a ramp wasn't safe - if they were having a very good day they might wave their arms and make mmmmmmm noise while pointing, but usually it would be total silence and staring at the problem frozen.
My understanding is this meets descriptor 6 on the lcw/lcwra test and is also a support group descriptor?
My worry is the conflict with the current caring claim; they have significant care needs themselves. For instance, they struggle with the process of cooking for themselves; a combination of decision paralysis and motivation leaves them unable to do this. A prompt from me, a decision by the 13-year-old, and a kitchen set up with a cooker that has timers for turning off both the hobs and the oven to prevent fires and a house set up with connected smart speakers to provide reminders solves these problems and makes taking care of the child possible. The regular outcome is the child eats, and they don't. They are doing the labour, but it does take a group effort plus adaptations and aids.
Will it be possible to claim LCWRA under these circumstances - do they need to declare they aren't doing the care - even though they are doing the labour? The labour is becoming a problem also, but there isn't anybody else to perform it - and we will have budget issues if we give up £200 a month while we wait for a decision that we may need to appeal.
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- David
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4 hours ago #315092 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic LCWRA/ESA Descriptor 6 - making self understood
Hi Spider
You say that your partner " declares a caring role for a child on DLA " do you mean that she gets the UC carer element? Do either of you receive Carer's Allowance?
Were any health professionals or support workers involved in designing the aids and adaptations for your partner ?
David
You say that your partner " declares a caring role for a child on DLA " do you mean that she gets the UC carer element? Do either of you receive Carer's Allowance?
Were any health professionals or support workers involved in designing the aids and adaptations for your partner ?
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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