UC Help

DMZ007

A friend is getting his Universal Credit Award backdated from 2018. They got put in the LC group in 2018 originally but that has since changed to LCWRA group from 2018 until now 

They was on Transitional Protection since 2018 too

How much backdated money are they owed? the decision maker has said they are owed a significant underpayment.. but how much? 

Thanks 

poppy123456

The Transitional Protection would be related to the Severe disability premium. There was no other TP in place at that time.  I'm afraid i can't tell you how much they are owed because it will depend on the exact figures and dates.

I'm afraid they will need to wait for them to recalculate their past statements, to work out how much they should have been paid, against what they have been paid. They will then receive the difference between the two. Once this is done they will receive a letter on their journal telling them how much they're owed.

DMZ007

poppy123456 said:

The Transitional Protection would be related to the Severe disability premium. There was no other TP in place at that time.  I'm afraid i can't tell you how much they are owed because it will depend on the exact figures and dates.

I'm afraid they will need to wait for them to recalculate their past statements, to work out how much they should have been paid, against what they have been paid. They will then receive the difference between the two. Once this is done they will receive a letter on their journal telling them how much they're owed.

Thanks 👍👍

I feel like the decision maker has maybe calculated the money owed to my friend wrong (they said around the £12k ballpark on the phone to my friend), and once it goes to the Case Manager they will pick up on the mistake of the decision maker 

I feel like the decision maker has overlooked the transitional protection hence why they said my friend is owed around £12K in backdated payments since 2018. As the difference between LC and LCWR would be around £12K in backdated payments since 2018 wouldn't it? But they have probably overlooked the £285 payments from "Transitional Protection" from disabled premiums when they was on ESA and the one-off lump sum my friend received in 2021 which was about £6K 

it actually could be that my friend OWES money to UC. When they was told they was owed around £12K in backdated payments.. 

or am I wrong? 

They asked for a mandatory reconsideration as their support workers felt they should have been on the higher UC element since 2018.. as they was on enhanced PIP on both elements and DLA since they was a kid.. 

they owe a bit of UC debt which I'm not sure is related to them not been on LCWRA since 2018

poppy123456

Your friend will need to get some expert advice from an agency near them because it’s impossible to calculate the figures without knowing all the information. 

Claiming PIP or DLA doesn’t automatically entitle someone else to LCWRA. 

DMZ007

poppy123456 said:

Your friend will need to get some expert advice from an agency near them because it’s impossible to calculate the figures without knowing all the information. 

Claiming PIP or DLA doesn’t automatically entitle someone else to LCWRA. 

But does the £12K that the decision maker said my friend is owed seemed right to you? As it doesn't to me.. 

I know that but they have since had the original 2018 decision reversed to go from LC to LCWRA without having a tribunal because of a "mandatory  reconsideration" which suggests to me UC made a mistake in the original decision in 2018. 

My friend is not looking for 100% accuracy he just wanted a rough guide if he's owed what they said.. 

Thanks 

poppy123456

I’m sorry but it’s impossible to give any advice because I don’t know the dates or the figures. 

They will need to wait until the statements have been recalculated. 

calcotti

When DWP recalculate the UC new statements will be posted to the UC journal. The old statements will no longer be visible. I suggest downloading all the old statements now. That would allow your friend to compare the old and the new statements,

Cher_Alumni

@DMZ007 I hope the advice offered by our members has helped! Just to advise: I've deleted a duplicate thread as you received an answer here 

Please keep us updated with how your friend gets on, and good luck. 

DMZ007

i read someone on this forum and another forum some people said that if the LCWRA is added (which it will be with a mandatory reconsideration overruling the original decision) at the start of the claim (transferring from ESA for example) the original £285 TP won't be completely eroded like it would if LCWRA was added later (but instead slowly reducing each April) so my friend is owed the difference between LCW and LCWRA since the start of his claim 

Is that true? 

It must be because my friend's Case Worker has paid £13K into my friends bank which will be in by Monday. That would have to be checked and double checked by a few people so it must be legit. He's buzzing! 

poppy123456

That's correct, in this situation the TP won't erode once the error is corrected. However, they won't be owed the full amount for the LCWRA because of the higher TP that was paid from the start of his claim.

DMZ007

poppy123456 said:

That's correct, in this situation the TP won't erode once the error is corrected. However, they won't be owed the full amount for the LCWRA because of the higher TP that was paid from the start of his claim.

Are you sure? Because looking at my friends statements the backdated payment was the difference between the LCR and LCWRA element around £215 each month on my friends statements since he started his claim (they updated all his statements) 

surely the Case Manager wouldn't have sent out the payment without checking and double checking? And getting it signed off? 

He was backdated LCWRA since the start of his claim

poppy123456

It won't erode completey. The TP at the start of their claim should have been less because their UC should have included the LCWRA element. The difference between the higher and lower TP amounts should have been taken off the money that was owed to them.

As advised earlier today i'm afraid it's impossible to comment on whether the money they received is correct or not because i don't know the dates or figures involved. If they want to check it's correct then they really do need to get some expert advice from an agency near them. There's only so much advice anyone can give on an internet forum.

DMZ007

poppy123456 said:

It won't erode completey. The TP at the start of their claim should have been less because their UC should have included the LCWRA element. The difference between the higher and lower TP amounts should have been taken off the money that was owed to them.

As advised earlier today i'm afraid it's impossible to comment on whether the money they received is correct or not because i don't know the dates or figures involved. If they want to check it's correct then they really do need to get some expert advice from an agency near them. There's only so much advice anyone can give on an internet forum.

Not according to this post from another forum member (I think you commented the same then too)

 It's just a moderator on another site has advised a LCWRA claimant that their TP of 285 won't be removed At All.

"That could apply if the LCWRA element was payable from the start of the UC claim (such as when transferred from ESA or the claim is made under Special Rules due to terminal illness). If the LCWRA is added later, then the statement is wrong."

From this forum thread:

https://forum.scope.org.uk/discussion/96613/transitional-protection-payment-uc

Like I said if the Case Manager has sent the payment and updated all my friends statements each month to include the LCWRA.. surely they would have checked and double checked it to make sure it's correct? 

DMZ007

poppy123456 said:

It won't erode completey. The TP at the start of their claim should have been less because their UC should have included the LCWRA element. The difference between the higher and lower TP amounts should have been taken off the money that was owed to them.

As advised earlier today i'm afraid it's impossible to comment on whether the money they received is correct or not because i don't know the dates or figures involved. If they want to check it's correct then they really do need to get some expert advice from an agency near them. There's only so much advice anyone can give on an internet forum.

https://forum.scope.org.uk/discussion/96613/transitional-protection-payment-uc

According to a member in this thread that's not true

they said if they was awarded LCWRA at the start of there claim (maybe transferring from ESA) the £285 TP won't decrease because of it 

im sure the Case Manager checked and double checked before sending the payment and updating the statements? 

poppy123456

DMZ007 said:

poppy123456 said:

It won't erode completey. The TP at the start of their claim should have been less because their UC should have included the LCWRA element. The difference between the higher and lower TP amounts should have been taken off the money that was owed to them.

As advised earlier today i'm afraid it's impossible to comment on whether the money they received is correct or not because i don't know the dates or figures involved. If they want to check it's correct then they really do need to get some expert advice from an agency near them. There's only so much advice anyone can give on an internet forum.

https://forum.scope.org.uk/discussion/96613/transitional-protection-payment-uc

According to a member in this thread that's not true

they said if they was awarded LCWRA at the start of there claim (maybe transferring from ESA) the £285 TP won't decrease because of it 

im sure the Case Manager checked and double checked before sending the payment and updating the statements? 

That persons circumstances were different to your "friend." If the LCWRA element should have been included from the start of the UC claim then they should have only been receiving the lower TP amount, which was about £120/month when it was first introduced.

The reason they were entitled to the higher amount of £285/month was because the LCWRA element wasn't included in their claim.

Transferring from ESA has nothing to do with TP not eroding over time because it will do just that and it will erode.

In this case because their UC claim wasn't correct at the time they first claimed UC then it wouldn't have eroded completely because of the LCWRA element being added correctly now.

As for the figures and whether they are correct or not, as i advised i'm sorry but i can't help with that. If your friend is concerned that the payment they've received isn't correct then they will need to get some expert advice from an agency near them.

DMZ007

I'm sorry for annoying you Poppy. I clearly have upset you in some way and I'm sorry 

I'll advise my friend to go to CAS for advice in future. 

Thanks 

poppy123456

You haven’t upset me but sometimes it’s just not possible to give this level of advice on a forum. 

Cher_Alumni

@DMZ007 We're more than happy to help, although as Poppy advised - there's unfortunately limits with being a publicly viewable online community.

Just to advise, I've deleted a duplicate thread of yours to keep all answers in one space 

Have a great Friday.

calcotti

DMZ007 said:

poppy123456 said:

It won't erode completey. The TP at the start of their claim should have been less because their UC should have included the LCWRA element. The difference between the higher and lower TP amounts should have been taken off the money that was owed to them.

As advised earlier today i'm afraid it's impossible to comment on whether the money they received is correct or not because i don't know the dates or figures involved. If they want to check it's correct then they really do need to get some expert advice from an agency near them. There's only so much advice anyone can give on an internet forum.

https://forum.scope.org.uk/discussion/96613/transitional-protection-payment-uc

According to a member in this thread that's not true

they said if they was awarded LCWRA at the start of there claim (maybe transferring from ESA) the £285 TP won't decrease because of it 

im sure the Case Manager checked and double checked before sending the payment and updating the statements? 

You misquoted the comment in the other thread you referred to. That comment did sat that LCWRA would not erode the SDPTE if the LCWRA was included from the start of the UC claim. It did not refer to £285 which, as explained by poppy, would be the incorrect amount for the SDPTE if LCWRA applies.