LWCRA Backdated - 3 Month rule? — Scope | Disability forum
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LWCRA Backdated - 3 Month rule?

LXK
LXK Community member Posts: 2 Listener
in Benefits and financial support
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? 
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Comments

  • poppy123456
    poppy123456 Community member Posts: 49,590 Disability Gamechanger
    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. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • LXK
    LXK Community member Posts: 2 Listener
    Thank you Poppy. 

    Is there an explanation as to why they ignore the first 3 months? 
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  • calcotti
    calcotti Community member Posts: 10,011 Disability Gamechanger
    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.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • poppy123456
    poppy123456 Community member Posts: 49,590 Disability Gamechanger
    edited March 29
    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
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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