Would I still get my back pay for limited capability for work

shay2022

Hi 

Just a quick question 

Myself and my hubby was awarded the Limited capability for work we had a joint claim on universal so only 1 of us would get it so I never received mine or my back pay

Now we are not living together anymore would I still be able to receive it as I never got it?

calcotti

I think you should be entitled to the LCWRA element from the start of your single person claim. Presumably you have a letter on the journal confirming when the LCWRA status started.

shay2022

Yes I know I got it what I'm asking is about it being backdated as I never got my back dated payment because I was in a joint claim now I'm a single claim would I still be entitled to the back pay?

poppy123456

You will not be owed any money from before your claim reverted to a single claim. This is because you were claiming with your partner at the time and were only entitled to 1 element per claim. There’s nothing to owe you.

shay2022

How tho? As when we did a joint claim he was already receiving the element I only applied few months after for it 

shay2022

I get that only 1 element per couple but it was his element..so now it's a single applicant just don't see why I wouldn't be awarded it as it wasn't my element 

poppy123456

Because your partner was already receiving the element on your claim. If you received it then they would have paid you twice, it’s not possible. As advised there’s nothing owed here. 

One element per claim, it’s the law.

poppy123456

shay2022 said:

I get that only 1 element per couple but it was his element..so now it's a single applicant just don't see why I wouldn't be awarded it as it wasn't my element 

You were claiming as a couple so your UC was for both of you and not just for your partner. You will continue to receive it going forward. 

shay2022

Ok

calcotti

While you were a couple, regardless of which of you qualified for particular bits, the whole UC award was made a single payment to be paid to be shared between you as partners to manage your joint circumstances. As a couple your monthly payment included the one LCWRA element that can be included.