UC50 Decision Letter waiting period

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Comments

  • Irshad
    Irshad Online Community Member Posts: 19 Listener
    edited November 2023
    Would it be possible to get a copy of the assessor report? If so how do I request that? Would it be a bad thing to ask for a copy?

    I’m not sure if this email is right to ask for it?

    rightofaccess.requests@dwp.gov.uk
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Irshad said:
    Would it be possible to get a copy of the assessor report? If so how do I request that? Would it be a bad thing to ask for a copy?

    I’m not sure if this email is right to ask for it?

    rightofaccess.requests@dwp.gov.uk

    If it's UC that you're claiming and you have accesss to a journal then you can put a message on there to request it, it's what you have a journal for. Though they don't always agree to send it.

    No, it's not always a good idea to request it because very often it causes nothing more than increased anxiety.
  • Irshad
    Irshad Online Community Member Posts: 19 Listener
    Good morning,

    I got this letter in my journal:

    Folowing your Work Capability Assessment, we have decided that you have limited capability for work and work-related activity.
    You may know this as LCWRA.
    This means:
    - we wil not ask you to search for work or prepare for work
    - you may be awarded extra money each month because of your disability or health condition
    - you no longer need to send us statements of fitness for
    work from your doctor unless your condition changes. These statements are also known as doctor's notes, sick notes
    or fit notes.
    When you will be paid
    In most cases, you wil be entitled to LCWRA payments from 3 months after the day you gave us medical evidence showing that your condition means you cannot work.
    The medical evidence may have been either fit notes or self-certification of a health condition that lasts up to 7 days.
    When you will not get the LCWRA element
    fI you are a part of a couple and your partner already
    receives an LCWRA payment, you wil not receive any extra money.
    Universal Credit is operated by the Department for Work and Pensions
    Please turn over
    UCD81 Page 1of 4
    UC reversal
    FREEPOST DWP
    Universal Credit Ful Service
    fI you cal us, please have the answers ot your security questions ready
    www.gov.uk/universalcredit
    Telephone: 0800 328 5644 Textphone: 0800 328 1344
    21 November 2023
    Use your journal to contact us if you have any questions.
    You can also call us on the number above. To speak ot an agent ni Welsh, please call: 0800 328 1744.
    We have many different ways we can communicate with you.
    fI you would like Braile, British Sign Language, a hearing loop, translations, large print, audio or something else please tell us using the phone number at the top of this letter.

     What happens next
     Changes to your payments will show up on your statement when they happen. Your extra LCWRA payment will not include any back payment for the relevant period.
    If we owe you some money as a result of this decision, we will tell you when you will get it.
    If you already owe us money, we may recover this debt from any money we owe you.
    We may ask you to attend another Work Capability Assessment in the future. We will contact you at the time to tell you what
    you need to do.
    How we made this decision
    We have used all the information we have about you, including:
    your capability for work questionnaire, if you filled one in information provided by the Health Assessment Advisory Service following your Work Capability Assessment
    any other information you have sent us
    If you want a copy of your full assessment report, or need more information, call us on 0800 328 5644.
    Other support you can get
    Although we will not ask you to search for work or prepare for work, we can still offer you support if you would like it.
    You can speak with one of our specialist work coaches who will help you get training to learn new skills, or help write your CV. You may find this support helpful if your disability or health condition changes.
    Tell us about any changes
    You must tell us straight away if there is a change in your circumstances. For example, you need to tell us if you have a new health condition or your existing health condition gets better or worse.
    UCD81 Page 2 of 4
     
    If you give wrong or incomplete information or you do not report changes straightaway you may be paid the wrong amount. You will have to pay back overpaid money when told to do so. You could also be prosecuted or need to pay a financial penalty. If we pay you less money than we should we may pay you this money back including any arrears due.
    Yours sincerely,
    Universal Credit


    ——————————————————

    it says:

    Your extra LCWRA payment will not include any back payment for the relevant period. Is this correct?

    Am I not due any back payment due to already having done the 3 month waiting period?

    kind regards
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited November 2023

    your waiting period will be May/June, June/July, July/August... LCWRA starts from AP 27th August to 26th Sept and first payment will be 2nd October. 

    Your waiting period will be as I advised here. ^^

    This means they owe you 2 months LCWRA up to now. The LCWRA element isn’t paid at all during the waiting period. 

    Money owed will be paid as a separate payment and often takes quite a few weeks to pay it. 

  • Irshad
    Irshad Online Community Member Posts: 19 Listener

    your waiting period will be May/June, June/July, July/August... LCWRA starts from AP 27th August to 26th Sept and first payment will be 2nd October. 

    Your waiting period will be as I advised here. ^^

    This means they owe you 2 months LCWRA up to now. The LCWRA element isn’t paid at all during the waiting period. 

    Money owed will be paid as a separate payment and often takes quite a few weeks to pay it. 

    We've decided you're entitled to Universal Credit of £682.17 from 27 September 2023 to 26 October 2023. This is because you have been awarded Limited capability for work and work- related activity.
    We've already paid you Universal Credit of £292.11 from 27 September 2023 to 26 October 2023.
    We owe you £390.06. This is the amount left after taking away the Universal Credit we've already paid you.
    We'll pay £390.06 into your bank account.
    You must tell us about changes
    Reporting changes ni your circumstances is something you committed ot do ni return for receiving Universal Credit. You need ot tell us promptly about any changes ni your circumstances that might affect your payments.
    Help and advice
    Contact us if you have any questions about this.
    fI you live ni England you can get free, independent and confidential advice about benefits. You can get more information at www.gov.uk
    Universal Credit is operated by the Department for Work and Pensions
    Please turn over
    UCD172 Page 1of 2
    UC reversal
    FREEPOST DWP
    Universal Credit Ful Service
    fI you cal us, please have the answers ot your security questions ready
    www.gov.uk/universalcredit
    Telephone: 0800 328 5644 Textphone: 0800 328 1344
    21 November 2023
    Use your journal to contact us if you have any questions.
    You can also call us on the number above. To speak ot an agent in Welsh, please call: 0800 328 1744.
    We have many different ways we can communicate with you.
    fI you would like Braille, British Sign Language, a hearing loop, translations, large print, audio or something else please tell us using the phone number at the top of this letter.

     Yours sincerely, Universal Credit
    If you disagree with a decision
    You can ask us to explain why
    You, or someone who has the authority to act for you, can phone us or use your journal to request a written explanation. You will need to do this within one month of the date of this letter.
    You can also ask us to reconsider a decision
    Tell us if you have more information, or if you think we have overlooked something which might change the decision. Do this within one month of the date on this letter.
    We will look at what you tell us and send you a letter to tell you what we have decided, and why. We call this letter a Mandatory Reconsideration Notice.
    When you have done this you can appeal
    If you disagree with the Mandatory Reconsideration Notice, you can appeal to a tribunal.
    You must wait for the Mandatory Reconsideration Notice before you start an appeal.
    Treating people fairly
    We are committed to the Equality Act 2010 and treating people
    www.gov.uk Call charges
    Calls to 0800 numbers are free from personal mobiles and landlines.
    Why DWP needs personal information and how we treat it
    We treat personal information carefully. We may use it for any of our purposes. To learn more about information rights and how we use information, please see our DWP Personal Information Charter at www.gov.uk/dwp/personal-information-charter


    ——————————————————
    Hi,
    Please could you confirm that this is correct?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It's not helpful at all to copy and paste the whole of the letter because most of that letter doesn't need to be posted because it's just a standard letter. It just makes it very diffficult to read.

    Reading back through all of your comments i see there's some inconsistencies to the actual date you reported your health condition and provided your first fit note.

    Here you said this.. and also mentioned that you had reported your health condition at the same time as you applied for UC, which must have been 27th May because your assessment periods are 27th to 26th of every month. The first day of your assessment period starts on the same date you submit your claim.
    Irshad said:
    Hi there,

    I applied for universal credit in May 2023 and I reported my medical condition at the same time. When I went to the job centre to identify myself along with the fit note from the GP on the 14th June,
    Then again here.. but this time you said you didn't report it until 31st May with your fit note being 1st June.
    Irshad said:


    I reported my health change on Wednesday 31 May 2023 and Thursday 1 June 2023 - (Also provided fit note on the 1st June) and have done so until now.
    If you didn't report your health condition when you claimed UC on 27th May then they are correct with the calculations. Your waiting period will be June/July, July/Aug, Aug/Sept... LCWRA starts from assessment period 27th Sept to 26th Oct and first payment will be this month, so they owe you 1 months LCWRA at £390.06.

    If you had reported your health condition at the start of your UC claim on 27th May and provided a fit note within 7 days of that then your first payment would have been Oct so they would have owed you 2 months. Late reporting it means you lost out on 1 months LCWRA element.

    Their calculations are correct.
  • Irshad
    Irshad Online Community Member Posts: 19 Listener
    It's not helpful at all to copy and paste the whole of the letter because most of that letter doesn't need to be posted because it's just a standard letter. It just makes it very diffficult to read.

    Reading back through all of your comments i see there's some inconsistencies to the actual date you reported your health condition and provided your first fit note.

    Here you said this.. and also mentioned that you had reported your health condition at the same time as you applied for UC, which must have been 27th May because your assessment periods are 27th to 26th of every month. The first day of your assessment period starts on the same date you submit your claim.
    Irshad said:
    Hi there,

    I applied for universal credit in May 2023 and I reported my medical condition at the same time. When I went to the job centre to identify myself along with the fit note from the GP on the 14th June,
    Then again here.. but this time you said you didn't report it until 31st May with your fit note being 1st June.
    Irshad said:


    I reported my health change on Wednesday 31 May 2023 and Thursday 1 June 2023 - (Also provided fit note on the 1st June) and have done so until now.
    If you didn't report your health condition when you claimed UC on 27th May then they are correct with the calculations. Your waiting period will be June/July, July/Aug, Aug/Sept... LCWRA starts from assessment period 27th Sept to 26th Oct and first payment will be this month, so they owe you 1 months LCWRA at £390.06.

    If you had reported your health condition at the start of your UC claim on 27th May and provided a fit note within 7 days of that then your first payment would have been Oct so they would have owed you 2 months. Late reporting it means you lost out on 1 months LCWRA element.

    Their calculations are correct.
     you are correct. I had a reply in my journal with this:

    Hi 
     
    Your entitlement for LCWRA payment starts from 3months after the day (In your case 01/06/2023) you gave us medical evidence showing that your condition means you cannot work.  
     
    That's why your payment started from the Assessment period: 27 September to 26 October2023 following the above rule. 
     
    Hope it explains your query. 
     
    
    Hi
    
    You declared but there was gap in between. It's only from 1/6/2023 that you have provided fit notes continuously. That's why LCWRA  is awarded from 1/6/2023 and the payment started after 3 assessment period from that date.
    
    
    I did declare my health conditions but as my doctor fit note was on 31st May and not the 27th May they are say there is a gap
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I can't read that screenshot in full because it's too large for the screen. Can i just ask did your UC claim actually start on 27th May or was it a previous month that it started?
  • Irshad
    Irshad Online Community Member Posts: 19 Listener
    Hi,

    That's correct. Sorry I just realised I didn't make that clear in any of the messages. I do apologise for that.

    This was the universal credit reply. My doctor actual backdated the fit-note before 27th May recently but not sure if that would count right now. 

    Hi

    Your first first note you provided was valid from 31/05/2023 and you notified us on 01/06/2023. So this is the day we have to consider.

    Regards

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited November 2023
    Are you 100% sure you reported your health condition when you submitted your claim on 27th May? Can look through your journal entries to make sure please, there will be a log of everything when you made the claim.

    The reason i'm asking this is because when you report your health condition, you have 7 days to provide a fit note. If you reported your health condition on the same day you claimed and then provided the fit note on 1st June, that's within those 7 days. Therefore they will owe you for 2 months LCWRA.

    If you didn't report your health condition on 27th May and instead reported it on the same day you provided the fit note (01/06)  then their calculation is correct and 1 month is owed.
  • Irshad
    Irshad Online Community Member Posts: 19 Listener
    Are you 100% sure you reported your health condition when you submitted your claim on 27th May? Can look through your journal entries to make sure please, there will be a log of everything when you made the claim.

    The reason i'm asking this is because when you report your health condition, you have 7 days to provide a fit note. If you reported your health condition on the same day you claimed and then provided the fit note on 1st June, that's within those 7 days. Therefore they will owe you for 2 months LCWRA.

    If you didn't report your health condition on 27th May and instead reported it on the same day you provided the fit note (01/06)  then their calculation is correct and 1 month is owed.
    I can confirm I did report it on the 27th.
    They did confirm that also but they said because I provided my fit note on the 1st June then they can only use that date
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Thanks. Then they are not correct. It's self cert for 7 days and because you provided a fit note 5 days after you reported your health condition then your first payment should be October and not November. They owe you 1 extra month.

    I'd advise you to put a note on your journal under the payment section and tell them that you reported your health condition on the date you claimed and provided a fit note within 7 days of that. If you don't have any joy then i'd advise you to request the Mandatory Reconsideration on the decision not to start the waiting period from 27 th May to 26th June.
  • Irshad
    Irshad Online Community Member Posts: 19 Listener
    edited November 2023
    Hi,

    This was their reply:

    Hi


    Your first first note you provided was valid from 31/05/2023 and you notified us on 01/06/2023. So this is the day we have to consider.


    Regards


    Hi


    The underpayment we owe you has already been issued that we owe you for Assessment period 27/09/2023 to 26/10/2023, from when your LCWRA payment should have been started as I explained you on my previous Journal messages.


    Regards.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    As i advised, based on the information you gave they are incorrect. Your waiting period should be May/June, June/July, July/Aug... LCWRA starts from AP 27th Aug to 26th Sept and first payment 2nd October.