LCWRA Back Pay Confusion - Help!

Tom193281

Hi everyone, just looking for some advice on LCWRA back pay entitlement. 

I applied for UC in January 2022 because I was out of work. In July 2022 I developed a health condition which made me unable to seek work. I immediately reported this to UC by declaring a change to my health.

In November I had my health assessment and on December 20th I received a letter awarding me LCWRA. 

I have handed in fit notes every month from July 2022, until my decision letter came through in December, which stated I no longer need to provide them 

I hadn't received any contact about what pay I am entitled to so I posted about this on my journal, requesting this information and what back pay I am entitled to.

Today I received a response from my caseworker, in which they said, "because you were not previously in receipt of a benefit which awarded extra for your reported health condition" I have to serve the full 3 month waiting period for LCWRA, starting January 2023, with my first LCWRA payment being April 2023, with no back pay. 

From what I have read I believe I am entitled to back pay from November 2022 (my UC payment date is the 6th of each month and I alerted UC to my condition mid July), am I wrong in thinking that? 

Any information or advice is much appreciated, thanks. 

poppy123456

What date exactly did you report your health condition? and did you send a fit note within 7 days of that and continue to send them without any gaps until a decision was made on your claim?

Based on the information you gave your waiting period will be July to Oct.. LCWRA starts from Oct to Nov assessment period and first payment would be Dec 6th.

Tom193281

poppy123456 said:

What date exactly did you report your health condition? and did you send a fit note within 7 days of that and continue to send them without any gaps until a decision was made on your claim?

Thanks for your response Poppy. 

I reported my health condition on 20th July and provided my first fit note on 21st July. 

I have sent fit notes every single month with no gaps in dates until my LCWRA decision was made. Last fit note I reported was December 13th and I received my LCWRA decision December 20th. 

poppy123456

Starting it from January makes no sense at all and is completely incorrect. They often get this wrong and it's shameful thinking they don't even know their own rules!

Put a note on your journal under the payment section and tell them the waiting period starts from when you reported your health condition, so it's your understanding that it starts from your July/August assessment period.

calcotti

DWP guidance
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1085953/admf5.pdf

F5031 The relevant period is three months beginning

1. in relevant threshold cases (where the claimant has weekly earnings at or above the relevant threshold and is entitled to DLA or PIP), on

1.1 the first day of the award of UC or
1.2 if later, the date on which the claimant applies for the LCWRA element to be included in the award or

2. in any other case, on the first day on which the claimant provides medical evidence of LCW.

Note 1: See ADM Chapter G1 (Work capability assessment) for guidance on relevant threshold cases.

Note 2: Medical evidence includes a self-certificate for the first seven days of LCW

Tom193281

Thanks Poppy, I have followed your suggestion.

Thank you Calcotti! That is exactly what I was looking for.  

L_Volunteer

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