Lwcra backpay help advice

matt222

Hi so ive just been awarded my lwcra and i had a letter in my journal about backpay they will be paying me from 19th January 2023 but the thing is i reported my health condition back in august 2021 and i was getting sick notes from then but i did have a break in the notes from march 23rd 2022 until about 3 months after as i was in hospital having major surgery and wasnt well at all does the backpay go from the sick notes or from when i reported the health change as even if its from the notes it still doesnt add up? Any help would be great thanks

poppy123456

It will be the gap in your fit notes that has affected when the LCWRA element is paid from. You're supposed to send fit notes the whole time without any gaps.

Are you sure it was just a 3 month gap from about March 2022? If there are paying you from Jan 2023 then that suggests there was either another gap or the gap was longer than the 3 months you suggested. You can check your journal to see exactly what gaps there were and for how long.

matt222

Hi thanks for the reply i just double checked my journal and i think it was a 5/6 month gap between getting another sick note as i was in hospital and gave my sister control of my account as i wasnt physically or mentally well at the time she did msg in my journal about me being in hospital etc but i didnt get a sick note until september 18th 2022 up until present would that still be off by the backpay them paying me from jan 19th 2023?

matt222

Also i forgot to mention that i never got the uc50 form until january this year it took them over a year to even send the form so they messed up there would that go in my favour or not as i reported the health change august 2021 and had fit notes for longer than 3 months usualy your meant to get the form after 3 months of providing fit notes

poppy123456

Yes payment from Jan would coincide with the fit notes starting again from September. You should be referred for a work capability assessment usually from day 29 after sending your fit note but this doesn't always happen.

You can put a message on your journal under the payment section and tell them the reason why there was a large gap in your fit notes. Ask them to reconsider the waiting period starting from when you originally sent your first fit note. They may ask you for a backdated fit note for the 6 month gap. There's no guarantee they will agree and it will be down to a decision maker to make the final decision.

calcotti

poppy123456 said:

You can put a message on your journal under the payment section and tell them the reason why there was a large gap in your fit notes. Ask them to reconsider the waiting period starting from when you originally sent your first fit note. They may ask you for a backdated fit note for the 6 month gap. There's no guarantee they will agree and it will be down to a decision maker to make the final decision.

In a case like this I would certainly try that and provide copy of hospital discharge letter. (DWP obsess over Fit Notes but other forms of medical evidence are permitted in law.)