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Hi, my name is rj2306! I have just been awarded LCWRA today

rj2306

Just after some advice if possible!
I have just been awarded Lcwra today.

My assesment periods are the 23rd to the 22nd
I first handed a sicknote to UC on the 23rd March 2023 and haven't missed handing any in to them.

Does this mean ill recieve my first Lcwra payment this month? (August 29th) and does it look like im due any back pay?

Thanks

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poppy123456

Your waiting period will be March to June.. LCWRA starts from AP 23rd June to 22nd July and first payment will be 29th July. This means they owe you 1 months LCWRA element up to now. You will need to check your next statement to see if the element is included.

Money owed will be paid separately to your usual monthly money and often takes quite a few weeks to pay it.

The above advice assumes you're not claiming UC with a partner that already receives the LCWRA element on your claim.

rj2306

@poppy123456 brilliant that's what I thought I'd recieve a payment in this months pay on the 29th.

But when called this morning was told I probably wouldn't be entitled to back pay? But I checked all my dates and its definalty as above.

Also don't suppose you'd know?
I already have a advance payment I'm paying back from when first went onto UC can I have another for "change of circumstances now?"

And no it's a single claim just myself. 🙂

Sorry for the questions new to all this

poppy123456

I'm not surprised you were given incorrect information if you rang the helpline. They are just call centre staff with very little knowledge of the benefits system.

You can request a change of circumstances advance payment but whether they will agree will depend on the reasons why you're asking for this. As they now owe you 1 months LCWRA element they may refuse the AP. https://www.uc-advice.co.uk/further-universal-credit-information/advances/change-of-circumstances-advance

rj2306

@poppy123456 thats brilliant thank you 🙂

So shall I just wait a few weeks for the back date? Presuming if I'm owed will automatically just be paid?

Thanks again

poppy123456

Yes i would wait at least a couple of weeks. Before they can pay what is owed they will need to recalculate your last statement. This will tell them what you've already been paid against what you should have been paid. You will then receive the difference between the 2. Once it's done you'll receive a letter on your journal telling you how much they owe and it will be paid into your bank.

If you were receiving any earnings since you reported your health condition then you'll be owed some extra money because of the work allowance. Of course if you were receiving earnings they won't owe any money for this.

rj2306

Ok brilliant thanks @poppy123456

rj2306

Hey @poppy123456

I have had this reply from UC

You were awarded the LCWRA from the 27/04/2023 and the assessment period this falls in, is not included in the 3 months, therefore the additional element for this will become payable in your assessment period 23/08/2023 - 22/09/2023, therefore no increase in your payment until after this assessment period.

I first did my UC claim on the 23rd march and uploaded my first sick note the same day.
So would it be September 29th I get my first payment or do you think it'll still be August 29th? Thanks

poppy123456

What you've been told is incorrect. If you reported your health condition and provided a fit note when you first claimed UC on 23rd March then your first payment should be 29th July, as advised here.

poppy123456 said:

Your waiting period will be March to June.. LCWRA starts from AP 23rd June to 22nd July and first payment will be 29th July. This means they owe you 1 months LCWRA element up to now. You will need to check your next statement to see if the element is included.

You need to ask why they are saying it's from 27/4/2023. Remind them that the waiting period starts from when you provided evidence of your health condition.

rj2306

Iv asked again and they just keep saying I'll have to do MR about from when I've been awarded from , doing that would it affect my award decision?

poppy123456

It won't affect the WCA decision. Can i ask if you definitely reported your health condition and provided a fit note on the same date you first claimed UC on 23rd March? You didn't provide a fit note on 27/4/2023 that was backdated to 23rd March?

rj2306

No the day I did my UC claim the doctor provided me a sicknote that same day for 1 month and that was all on the 23rd March, they're now saying that it goes from when I handed back my health assessment form

poppy123456

They are totally incorrect. It really does annoy me that after 10 years of UC first starting they are still getting their own rules completely wrong. You need to request the MR on the decision not start the waiting period from the date of your claim 23rd March 2023.

You can also refer them to the UC Regulations 2013 and point them to section 28 here. https://www.legislation.gov.uk/uksi/2013/376/regulation/28 The relevant period in bold here refers to the 3 month waiting period i mentioned above.

28.—(1) An award of universal credit is not to include the F2... LCWRA element until the beginning of the assessment period that follows the assessment period in which the relevant period ends.

(2) The relevant period is the period of three months beginning with—

(a)if regulation 41(2) applies (claimant with [F3monthly] earnings equal to or above the relevant threshold) the date on which the award of universal credit commences or, if later, the date on which the claimant applies for the F4... LCWRA element to be included in the award; or

(b)in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

rj2306

Yes as they've just responded this

Hi ... , The Decision Maker has stated on your account that the LCWRA is applicable from 27/04/2023 as this is the date that medical evidence was supplied to support the R's condition. As advised the additional element for this will become payable in your assessment period 23/08/2023 - 22/09/2023. Regards

So have just pointed out to them again how did they get this date when my first sicknote was uploaded on the 23rd march 2023 and ACCEPTED on the 23rd March at 15.59pm

So I need to ask for a MR on the waiting period not for the decision?

poppy123456

They are disagreeing that you provided a fit note on 23rd March and are saying you didn't provide that until 27th April.

Request the MR on the decision not to start your waiting period from the start of your claim which was 23rd March. As this is when you provided your first fit note, not 27th April as they are suggesting.

rj2306

They responded
Hi R, I have sent a Mandatory Reconsideration request to a Decision Maker advising them that you do not agree with the date the LCWRA has been awarded from. They will advise you of the outcome via your journal.
Regard

How long do MR usually take do you know?

poppy123456

Up to 12 weeks.

rj2306

And from your experience do they usually take that long? Thanks for all your help @poppy123456

poppy123456

No problem. It doesn't always take that long. Once a decision is made it will be uploaded onto your journal.

rj2306

Brilliant thanks again

rj2306

Hey @poppy123456 me again

So iv had a decision already about the mandatory reconsideration and its this.

On 15 August 2023 you asked us to look again at the decision we made on 14 August 2023 about your Universal Credit.
We have looked at the evidence used to make the decision and any new information you may have given us.
We have changed our original decision.
Our decision
The decision maker has looked at the evidence again and their decision is set out below.
We have revised the decision of 14 August 2023.
We are awarding you Limited Capability for Work and WorkRelated Activity from 23 March 2023.
You must serve a period of 3 months known as the relevant period before the additional element of UC can be awarded. The award begins on the first day of the assessment period that follows your relevant period.
Your UC claim has an Assessment Period (AP) start and end date; LCWRA is awarded the first day of the new AP after the 3 month relevant period ends. In your case, your AP begins on the 23rd of each month.
This means that your relevant period is 23 March 2023 to 22 June 2023. Therefore, your award of the LCWRA element should commence from 23 June 2023 as this is the start date of your AP immediately following your 3 month relevant period.

So am I right in thinking I should now be given 1 month back pay, and then a payment this month as my ap or something is the 23rd of August this month thanks