LWCRA Backdated - 3 Month rule?

LXK
LXK Community member Posts: 2 Listener
Hey everyone. 

After a tribunal hearing and my appeal being allowed, I am having issues with my back pay from UC. 

I was left a journal entry today in relation ti this and UC stated that they don’t calculate the first 3 months of the claim, I claimed in August 2021 and only this month I was awarded my benefit. 

Is this the case that UC do not pay the first 3 months? I was told that if the claim is successful within the 3 months then they don’t back pay. This took an almighty 18 months. 

I have been back paid however I am missing 4 months payments, and the tribunal letter also stated from August 2021. 

I am so confused. Any help? 

Comments

  • poppy123456
    poppy123456 Community member Posts: 59,444 Championing
    The LCWRA element isn’t paid at all for the first 3 full assessment periods, it’s then paid from the 4th month of your claim. 
    When it’s paid from exactly will depend on what date you first reported your health condition and what date you usually receive your payment each month. 
  • LXK
    LXK Community member Posts: 2 Listener
    Thank you Poppy. 

    Is there an explanation as to why they ignore the first 3 months? 
  • calcotti
    calcotti Community member Posts: 10,005 Championing
    LXK said:
    Is there an explanation as to why they ignore the first 3 months? 
    Because it’s what the law requires just as Support Group in ESA has always done the same. The only exception applies to those who are terminally I’ll.
  • poppy123456
    poppy123456 Community member Posts: 59,444 Championing
    edited March 2023
    The same rules always applied to ESA. The only time it doesn’t apply is if you’re claiming because of end of life. 
    See link and scroll to the bottom (when the LCWRA element is awarded) https://www.entitledto.co.uk/help/long-term-health-condition-or-disability-universal-credit