Hi, my name is KellyO!

KellyO

I’m claiming universal credits for some time now and at the time of applying I told them about my several health conditions. I had previously claimed income support before and when I was in receipt of dla I also got a severally disabled premium but didn’t think they done anything like that with universal credits. My housing officer put a note in my journal in September 22 after seeing the state I was in health wise asking to be assessed for lcw at the time I didn’t know what that even was and nobody told me. Dwp replied to that message asking me to report changes of health but being as I had already told them about my health I didn’t do anything. Then as my health got even worse I completed a change of health in November 2022 but I only got a note saying I’ve filled in that form and heard nothing after that date. It wasn’t until I attended a meeting at dwp that they said I needed to submit a sick note that wasn’t until February 2023. Can I do anything about that? I have had an assessment regarding LCWRA and are awaiting the outcome. I’m already in receipt of pip for both mobility and care which I have been getting again since July 2022 

poppy123456

When you first claimed UC did you report your health condition? Or did your housing officer report a change of circumstances and report it in November 2022? If either of you did this then it should have then prompted you to send a fit note and this would have been on your "to do list"

One of the rules with UC is you need to send fit notes within 7 days of reporting your health condition and continue to send them without any gaps until a decision is made on your work capability assessment. If you don't and you're found to have LCWRA then it can affect when the extra money is paid from.

About the Severe disability Premium when you were claiming Income Support. What was the reason why you claimed UC? When you claimed were you still claiming IS? Also when you claimed UC were you still living alone at the time you claimed UC? If so does your UC include the SDP transitional protection?

KellyO

Hi,  I applied for universal credits in December 2020 and yes I provided all my health conditions, fibromyalgia, sciatica, depression. I was never asked anything more about them and I was never asked for a fit note until I broke down in a meeting with my work coach in January/February this year. 

When my housing officer requested I be assessed for the LCW in September 22 she put my health had got really bad but again I wasn’t asked for a fit note they just asked me to do a change of health update which I did but again nothing was said other than an automated confirmation I had done that. 

I was a carer for my mum at the time until October 2022. I was all new to universal credits so I had no idea what this LCW even was so when I didn’t hear anything about it I didn’t do anything. I hadn’t seen a work coach until January/February 2023 due to being a carer for my mum until the end of October 2022. That was the first time I was told to get a fit note. It was only after that meeting did I get notice to send a fit note on my to do list. 

I was not given any information what so ever about LCW until that meeting January/February this year and when it was brought up I had to ask what it was. When she told me straight away I asked why hadn’t I been told about that before when my housing office put the request on my journal and after they’ve had details of my health which they’ve had right from the very start to which she replied I don’t know they should have. 

Since that time I have given them fit notes to cover me continuously which is still valid now. 

When I was claiming income support it was due to me having health problems and being my mums carer. I then stopped income support because I was working in 2019 for a few months, I stupidly thought I would be able to work but the short time I did (less than 6 months) I just got so much worse it left me unable to leave the house. I then wasn’t claiming any other benefits than child benefit for a while and then went back to being my mums carer after a few months and then universal credits. I didn’t even apply again for pip until July 2022 after my claim ran out in early 2020. 

Honestly it’s all so confusing for me and I feel very let down by universal credits and just can’t get my head around how they can be asked about this LCW but they just don’t follow up and do what they should have, if I’m honest it’s something they should of done as soon as I told them about my health conditions right at the start of my claim

poppy123456

If you are found to have LCWRA then you can certainly ask for it to be backdated to an earlier date based on the poor advice you had, especially as they knew about your health conditions.

However, if your UC included the carers element (which it should have) then you will only receive the difference between carers element and LCWRA because both elements can't be paid at the same time to the same person.

Unfortunately, because you weren't claiming Income Support when you claimed UC then you will not have been entitled to the SDP Transitional protection.

KellyO

Thank you for your help. Is there anywhere I can go to for help with this matter? As I can’t see dwp backdating without any backup 

poppy123456

You can speak to an advice agency near you but they will very likely only advise you what i did and that's to ask them to backdate it. Tell them had you not be given poor advice at the time then you would have reported your health condition, supported by a fit note.

If they refuse then you can request the Mandatory Reconsideration (MR)