LCWRA backpay

Stu8504

Hi I need advice I hurt my back in Feb 21 I was told by hr I couldn't make a claim for esa till my sick pay finished  I applied for uc and presented evidence of injury doctors letters diagnosed with spine injury my claim was processed and they accepted that I was unfit to work and I was told that I would need to be assessed by dwp doctors I was never asked to provide sick notes by anyone I claimed pip and carer's allowance and have been receiving standard allowance but not asked to search for work this was October 21 when my claim started in October this year I was sent a form for lcwra assessment wich I filled in I was asked to attend the job centre were I was told to submit a sick note which I did it was for 6 months ending in Jan 23 I have been awarded lcwra but it looks like I will only be backdated from October 22 payable from March can they do this as they fully accept that I am unfit for work and haven't been asked to search for work I did submit medical evidence but not a sick note please help 

calcotti

You should have had prompts through the 'to do' list to submit Fit Notes. If for some reason you weren't prompted there is no harm in asking UC to review the start date and point out that you reported your health condition on xxx and would have provided Fit Notes at that time had they asked for them. Highlight too that you gave them medical evidence.

Having said that I think that when you report the health condition you are told on screen that you need to supply details of a Fit Note within 7 days.

The regulations don't require Fit Notes although that is the most common form of evidence - see
https://data.parliament.uk/DepositedPapers/Files/DEP2022-0860/092._Medical_evidence_including_fit_notes_V12.0.pdf)

poppy123456

calcotti said:

Having said that I think that when you report the health condition you are told on screen that you need to supply details of a Fit Note within 7 days.

That is correct, providing you report a health condition through "reporting a change of circumstances"

Stu8504

I was not told ever to provide a fit note but I did provide sufficient evidence at the start of my claim for dwp not to expect me to work and claim carer's and pip but not by means of a fit note only when i was sent for assessment  for lcwra did anybody mention a fit note 

Stu8504

Ps that link doesn't work 

poppy123456

When claiming carers element you're not expected to look for work so it may have been this why you were left alone. Had you reported your health condition as a change of circumstances it would have prompted you to send a fit note within 7 days.

calcotti

Stu8504 said:

Ps that link doesn't work 

Try this - https://data.parliament.uk/DepositedPapers/Files/DEP2022-0860/092._Medical_evidence_including_fit_notes_V12.0.pdf

Works for me (at the moment).

Stu8504

Yes I understand that but the whole claim was started with evidence from the specialists detailing what was wrong with me it. Has taken dwp almost 2 years to assess me for fit for work only now when it comes to pay back what I am owed have they asked for a fit note I w a s told to provide a fit note which I sent my latest in I have almost every note from Feb 21 to Jan 23 but I wasn't asked to provide it and they fully accepted that I'm unable to work o was employed but not receiving money from them for Al.ost 6 months before my company finished me for incapability 

Stu8504

That's great it seems that a fit note is only one form of proof of illness so the only question left is the matter of having to wait 2 years to be assessed by dwp for work capability 

By them accepting the evidence pending assessment surly my lcwra claim should go back to when evidence was first submitted at the start of my claim as I probably would have been entitled to lcwra allowance on top of uc for all my claim provided I was assessed as I fit as I now have been  

poppy123456

It will be down to a decision maker to make that final decision. There's a full 3 month assessment period waiting time and the extra money starts from the 4th month.

If you were claiming carers element at that time and they allow the LCWRA element to be backdated then you will only receive the difference between that and LCWRA element because both can't be paid to the same person.

Stu8504

Yes but surly the delay of my assessed  is not normal procedure why should I have to wait a further 4 months doesn't seem right

poppy123456

The waiting period applies to most people, not just yourself. It's standard procedure and the law. Even those who have their assessment very quickly still have the waiting period. It was/is exactly the same for those claiming ESA.

The only exception to that rule is if you're applying because of end of life. Or you're transferring from ESA and are already in the Support Group and then you'll receive the LCWRA element from the start of your claim.

When the LCWRA element is awarded

In most cases, the LCWRA element is awarded after a 3 month waiting period beginning on the day you provide medical evidence. If it takes longer than 3 months to carry out your Work Capability Assessment the element you are awarded will be backdated to this point and you will be paid any amount owing.

https://www.entitledto.co.uk/help/long-term-health-condition-or-disability-universal-credit

Stu8504

But standard procedure dictates that when evidence is given it must be actioned immediately at this point I should have been assessed triggering the 4 mother rule not 2 years later nothing about my claim is normal wouldn't you agree I have read all the relevant sections on dwp and .gov and I don't fit any scenario within any gov document this scenario is for someone who starts a claim today then is accessed within 3 months of the start of the claim paid after initial 3 month period 

Stu8504

The carer's element was claimed by my wife as my carer not by myself so I should be entitled to claim both also she too is waiting to be assessed for lcwra which I know we won't get extra but we will get 1 lcwra. And 1 carer's it's the backdating that is the issue because I've only received the standard uc rate instead of lcwra I have been underpaid above 7000 pounds and they are trying not to backpay  to the beginning of the claim instead they are trying to backdate to when they actually assessed me and awarded lcwra after almost 2 years late

poppy123456

Stu8504 said:

But standard procedure dictates that when evidence is given it must be actioned immediately at this point I should have been assessed triggering the 4 mother rule not 2 years later nothing about my claim is normal wouldn't you agree I have read all the relevant sections on dwp and .gov and I don't fit any scenario within any gov document this scenario is for someone who starts a claim today then is accessed within 3 months of the start of the claim paid after initial 3 month period 

Yes i agree, had you been advised to report your health condition by reporting a change of circumstances then it would have prompted you to send a fit note as i advised.

What i'm saying is the waiting period will still apply and this is usually from when you report your health condition before the LCWRA will be paid. Which was why i mentioned the waiting period in a previous comment. Although the waiting period suggests that you should be assessed within that time, it's not very often this happens. If a decision is made after that time then money will be owed from that start of the 4th assessment period and paid at the end of that period.

Stu8504

Thanks everyone  the royal British legion armed forces champion is taking a look presumably they fight this type of thing regularly 

L_Volunteer

I wish you the best of luck with this @Stu8504. Please feel free to let us know how it goes and if you need any further support 

Stu8504

Will do