LCWRA start date. Waiting time

gord

Hi.

Can someone help with this?

C made a claim for sickness benefits in June with a doctor's fit note. 

After a time, November,  C was sent for a Medical Assessment.  C failed the assessment and appealed the decision.

The Tribunal allowed the appeal and placed C on LCWRA.

Benefits Agency are counting 3 months waiting time from the date of the Medical Assessment (November). 

Are they right, or should it be 3 month from 1st fit note   ie july August September.  Starting LCWRA payments in October.  Which would predate the Medical Assessment. 

Gord.

calcotti

The LCWRA status should he applied from when the health condition was reported provided it was supported by a Fit Note within 7 days. 

The three month period without payment should be counted from when the health condition was reported provided it was supported by a Fit Note within 7 days. Payment is then payable for the first full assessment period that starts on or after the end of the waiting period,
Challenge the decision to count from the assessment date.
Above assumes that continuous Fit Notes have been provided.

poppy123456

Just to add that the waiting period is 3 full assessment periods and the extra money is paid from the 4th month.

Based on the information you gave the first payment will be either Oct or Nov, the exact date will depend on what date the health condition/fit note was reported and what date they usually receive their money each month.