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Lhcra claim after prison

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johnboy2001
johnboy2001 Community member Posts: 8 Listener
edited February 2023 in Universal Credit (UC)
Hi there i recently received the extra element on universal credit, my sick notes cover me from 2019, although I've not long been released from prison, I've only just getting this new benefit although I've been on the sick since 2016

Question is will they backdate before my prison sentence or since start of my new claim???

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  • johnboy2001
    johnboy2001 Community member Posts: 8 Listener
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    Hi there i recently received the extra element on universal credit, my sick notes cover me from 2019, although I've not long been released from prison, I've only just getting this new benefit although I've been on the sick since 2016

    Question is will they backdate before my prison sentence or since start of my new claim???
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2023
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    The LCWRA element is payable for the first full UC month that starts three months after you declared your health condition.

    (Presumably all of your benefits had stopped while in prison.)

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • johnboy2001
    johnboy2001 Community member Posts: 8 Listener
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    I declared my mental health back in 2016 although, I never knew about this extra element on universal credit, my sicknotes back date to 2016 though.

    There saying because I was on esa 2016-2018 im not intitled to any back dated payments.

    I went to prison in 2021 and was released 2022 now there trying to say because its a new claim they may only be able to bsck date it to the day I was released although sick notes cover me from 2016 

    Bizzare 
  • johnboy2001
    johnboy2001 Community member Posts: 8 Listener
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    Thanks calcotti
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2023
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    When you claiming ESA in the Support Group when you first claimed UC or was there a gap between ESA and UC?

    Were you getting UC prior to going into prison? If so were you in prison for less than six months and if so were you still being paid the housing element of UC?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • johnboy2001
    johnboy2001 Community member Posts: 8 Listener
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    I went too prison in 2018 until 2019 12month incarcerated 

    I was on esa from 2016 till 2018

    2019 universal credit 

    2021 prison until 2022 10month incarcerated housing paid first 13 weeks 

    Thanks for reply 

    I'm currently waiting on phone back from citizens advice about the matter there saying upto 3days though.

    Thanks again any help with this is appreciated 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Your claim in 2022 is a new claim so you are only entitled to the LCWRA element from your fourth payment of the current claim.

    In respect of the 2019 claim, if you declared a health condition when you claimed supported by Fit Notes, you should have had a Work Capability Assessment which would have determined whether or not you were entitled to LCWRA in that claim. 

    Regardless of the 2019 - 2021 UC claim your work status capability for that claim would not carry over into the 2022 claim.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,911 Disability Gamechanger
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    Hello @johnboy2001

    Welcome to the community :) Just to let you know I merged your two threads and have popped your post into the Universal Credit section of the forum.

    How did you come across us here in the community? 
    Hannah - She / Her

    Online Community Coordinator @ Scope

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  • johnboy2001
    johnboy2001 Community member Posts: 8 Listener
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    Just looking online for answers Hannah 

    Hope your well 
  • johnboy2001
    johnboy2001 Community member Posts: 8 Listener
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    I can't understand why I cannot clsim from 2019 as there were no assessments during this time i was left from 2019 till 21 without payments my sicknotes backdate way back to 2016 

    I'm fighting this one I've been told I maybe able to from a certain association but who knows
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,911 Disability Gamechanger
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    Hopefully Citizen's Advice may be able to give more of an insight 🤞 
    Hannah - She / Her

    Online Community Coordinator @ Scope

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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    I can't understand why I cannot clsim from 2019 as there were no assessments during this time i was left from 2019 till 21 without payments my sicknotes backdate way back to 2016 
    I think they only way you could approach that, given that the claim is now closed, is by making a complaint.  
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • johnboy2001
    johnboy2001 Community member Posts: 8 Listener
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    Yeah ill be doing that as my sicknotes backdated to 2016 nevrmind 2019 but with gaps in claims and covid they've been unable to process my claim onto the extra element which isn't really my fault we shall see 

    Thanks for the help guys 

    And I'm hoping so Hannah 
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