Am I entitled to LCWRA backdated payments or not? — Scope | Disability forum
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Am I entitled to LCWRA backdated payments or not?

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townesglover
townesglover Community member Posts: 9 Listener
in Universal Credit (UC)


Hi there, I wondered if anyone could advise on whether I am entitled to any LCWRA backdated payments or not. My assessment period is 1st - 31st of each month and my payments land on the 7th of each month.


On 23 Dec 2019, I was awarded LCW and fit notes were no longer required. On 16 August 2021, I declared health changes (worsening of conditions) and requested myself for an assessment for change to LCWRA. I received and sent back my WCA form on 6 November 2021. I wasn’t required to send in any fit notes as I was already on LCW, but I began sending in fit notes again on 11 May 2022 as requested by my work coach to try and speed the process along as I had been waiting for a long period of time. I finally got my WCA assessment on 20 December 2022 and was then awarded LCWRA on 28 December 2022. 


I received my first LCWRA payment on 7 January 2023. I hadn’t heard anything yet about backdated payments, so I contacted UC via my journal to ask if I was due anything and their response was “You have been awarded Limited capability for work and work-related activity (LCWRA) from 28/12/22. There are no backdated payments due to you”. I replied to them with the information above and their response was “I have sent your query to a Decision Maker to explain their decision further. They will contact you as soon as possible”. 


Does this mean that they will stand by their decision and just have someone reiterate the decision or will they look into it again? Like I said, I’m not sure if I am entitled or not but I felt it was worth checking.


Thanks in advance

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Comments

  • poppy123456
    poppy123456 Community member Posts: 54,862 Disability Gamechanger
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    As you reported a change of circumstances the extra money should be from the assessment period in which the changes were reported. Did you actually report it through "report a change of circumstances"
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • townesglover
    townesglover Community member Posts: 9 Listener
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    Hi, yes I declared a health change on my journal
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Then. as poppy says, you are entitled to the LCWRA element from the assessment period in which you reported the change.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • townesglover
    townesglover Community member Posts: 9 Listener
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    Would that be from the date I declared the change or from when I began sending in fit notes again? I hadn’t sent fit notes from when I had first declared the changes as I wasn’t asked to, and was also told not to once I was awarded LCW previously. And is it common for them to get these things wrong? In other words, is it best to keep pushing at this? And how long does it take usually for “decision maker to explain their decision further”? Thanks 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited January 2023
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    They often get it wrong. I would push for August 2021 when you reported it - but I think you should have provided a Fit Note to support the change so they may only go back to when you did give a Fit Note in May 2022. However you could point out that you provided one as soon as you were instructed to. (Unfortunately I don’t know what the online instructions, if any, say when you report the change.)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • townesglover
    townesglover Community member Posts: 9 Listener
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    Great, thanks for your help and advice. And my final question, when they say that the decision maker will explain the decision further - does thay mean it is being reviewed over again or does that just imply that someone will explain it to me in more detail? 
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  • poppy123456
    poppy123456 Community member Posts: 54,862 Disability Gamechanger
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    calcotti said:
    They often get it wrong. I would push for August 2021 when you reported it - but I think you should have provided a Fit Note to support the change so they may only go back to when you did give a Fit Note in May 2022. However you could point out that you provided one as soon as you were instructed to. (Unfortunately I don’t know what the online instructions, if any, say when you report the change.)

    When you "report a change of circumstances" then report a change of health condition, it should automatically prompt another fit note to be reported.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Thanks, poppy. I suspected that might be the case but didn’t know.

    OP, in that case you may only get backdating to May 2022 but you certainly shouldn’t accept a start date any later than that.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • poppy123456
    poppy123456 Community member Posts: 54,862 Disability Gamechanger
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    calcotti said:
    Thanks, poppy. I suspected that might be the case but didn’t know.

    OP, in that case you may only get backdating to May 2022 but you certainly shouldn’t accept a start date any later than that.

    This is another example of poorly trained work coaches not giving the advice they should be giving. The WCA form was sent to the OP in November 2021 yet they still weren't advised to send a fit note until May 2022.

    Based on the WCA form being received in the November, if it was me then i'd push for backdating to at least that assessment period.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    poppy123456 said:
    calcotti said:
    Thanks, poppy. I suspected that might be the case but didn’t know.

    OP, in that case you may only get backdating to May 2022 but you certainly shouldn’t accept a start date any later than that.

    This is another example of poorly trained work coaches not giving the advice they should be giving. The WCA form was sent to the OP in November 2021 yet they still weren't advised to send a fit note until May 2022.

    Based on the WCA form being received in the November, if it was me then i'd push for backdating to at least that assessment period.
    I’d got the two years mixed up and was thinking November2022. I agree that if the WCA was issued in November 2021 that means the change of circumstances had been accepted so I’d be arguing for August 2021 as the start date.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • townesglover
    townesglover Community member Posts: 9 Listener
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    Great - I’ll keep pushing for the backdated payments. Thanks both for your help. Much appreciated. 
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  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,978 Disability Gamechanger
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    Keep pushing @townesglover. How are you feeling about everything at the moment? Please don't hesitate to let us know if there's anything else we can do to support you  :)
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
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