Universal Credit/ PIP and LCWRA

filifou

Hello everyone 
Im probably repeating an already explored topic sorry for that but having read the threads a bit Im still confused.. so any advise would be highly appreciated. 

I have already been in receipt of Universal credit for the last 2 years.. although i had a lot of health symptoms i didnt share them with DWP nor had I any concrete diagnosis.
But last april i was diagnosed with FND plus other things and now awarded standard PIP for both daily and mobility (although asking for reconsideration of the level)
PIP was backdated to when i applied March 23.
My questions
1- Can I apply for LCWRA too ? i read that after 2017 you cant claim LCWRA while on UC ? 
unless you were on PIP .. but I wasnt on PIP when i started receiving UC..
2-I was affected by benefit cap- will DWP pay me the difference from the date i was awarded PIP ?

Thank You 

Adrian_Scope

filifou said:

1- Can I apply for LCWRA too ? i read that after 2017 you cant claim LCWRA while on UC ? 
unless you were on PIP .. but I wasnt on PIP when i started receiving UC..

Hello @filifou. This isn't correct and I think it's confusing a few different things. 
If you start submitting fit notes to Universal Credit, they should refer you for a work capability assessment (WCA) from which they can award you LCWRA or LCW or find you fit for work.
Do you currently have work commitments from UC?

filifou said:

2-I was affected by benefit cap- will DWP pay me the difference from the date i was awarded PIP ?

Yes they should backdate this to when your PIP award has been dated from. They may not do this automatically so it's recommended to add a note in your journal telling them you've been awarded PIP, the date the award is from and asking them to look at your benefit cap.

poppy123456

filifou said:

My questions
1- Can I apply for LCWRA too ? i read that after 2017 you cant claim LCWRA while on UC ? 
unless you were on PIP .. but I wasnt on PIP when i started receiving UC..

That's not correct and you've misunderstood what you read. What you read was for those that are found to have LCW there's no extra money for those that reported their health condition after April 2017.

filifou

To be honest @poppy123456 I still didn’t understand what you mean - I guess that is an area of difficulty 

as per response to @Adrian_Scope I do have commitments yes and I have submitted a lot of fit notes but not continuously as I forget. It’s only this month I was referred to LCWRA & received a form. 

So I didn’t even have these issues nor until 2 years ago and reported them as soon as I received the diagnosis- early this year 
so I don’t understand the connection with 2017 - 
if they accept that I have limited capabilities would that mean that I can get extra money ? 

Thanks again 🙏🏾 

poppy123456

The 2017 rules for you mean that if you're found to have LCW (limited capability for work) you won't receive any extra money each month.

If you're found to have LCWRA (limited capability for work Related Activity) then you'll receive extra money each month. It's paid from the 4th month after you reported your health condition, providing you sent a fit note within 7 days of that and continued to send them without any gaps until a decision is made on your work capability assessment. 

As there's gaps in your fit notes then this may affect when the extra money is paid from, if found to have LCWRA.

dynz

My Daughters LCWRA Nightmare is now finally at an end.

MY DAUGHTERS UC JOURNAL COMPLAINT TO THE DWP.

I’m my daughter’s DWP Appointee. My daughter has heart problems, a spinal disability, suffers from regular severe migraines, suffers from anxiety and depression, and she is autistic. All of these conditions are caused by her AV Canal heart defect in 1981 when she was born and the experimental heart surgery that she underwent in 1982. There being no alternative to the experimental surgery.

For the past four years I have made some six complaints to the DWP. None of these complaints have ever been responded to.

I contacted the ICA today, and they advised me to make yet another complaint to the DWP, and then request that my complaint must be referred to a senior manager.

I have very little confidence in the DWP to deal with this latest complaint, and I am seeking a Final Decision letter so that the ICA can investigate.

The 1st Appeal

In October 2020 my daughter requested LCWRA benefits for her UC claim.

The DWP finally responded by letter with a decision on 4/8/2022 that my daughter was entitled only to LCW. [ERROR ONE]

But the DWP Decision Maker actually awarded my daughter LCWRA on that date, and LCWRA benefit payments were made to my autistic daughter’s bank account three months after the 4/8/2022 decision. My daughter is autistic, and she is not able to budget or even examine her bank account, so these credits to her bank account were not identified until the end of 2023 when the SSCS Tribunal awarded her LCARA benefit as a result of an appeal. (The 1st Appeal).

The 1st Appeal was preceded with a Mandatory Reconsideration request which the DWP responded to with the statement, "Original decision of a LCW award is upheld". [ERROR TWO]

My daughter therefore submitted the 1st Appeal which was allowed by the SSCS Tribunal in November 2023 with an award of LCWRA.

For the 1st Appeal my daughter had to prepare and attend four video hearings, with me to assist her. The decision of the SSCS Tribunal for the final hearing was decided on the papers alone.

The DWP refused to backdate my daughters LCWRA benefit payments to January 2021. [ERROR THREE]

The 2nd Appeal

The DWP refusal to backdate LCWRA benefit to January 2021 was challenged with a 2nd Mandatory Reconsideration, but this was refused and the DWP would not backdate LCWRA benefit to January 2021. [ERROR FOUR] So, a second appeal was issued. (The 2nd appeal)

The SSCS Tribunal 2nd appeal final hearing on 16/10/2024 allowed the appeal and ordered the DWP to backdate the LCWRA benefit to January 2021.

For the 2nd appeal my daughter had to prepare and attend video hearings, with me to assist her.

Please provide a Final Decision letter concerning this renewed complaint today so that I can escalate this complaint to the ICA.

Complaint Summary

My daughter is seeking compensation for the waste of her time for these two appeals, my time as her DWP Appointee, the waste of time of our legal advisors, the waste of time of two local disability groups, and above all the time of the SSCS Tribunal for the two Appeals that were a total utter waste of time.

WhatThe

Hi dynz,

Yes, errors one and two are described in law as follows -

A successful appeal at Tribunal means that the DWP failed to follow the correct procedures and failed to revise its findings.

WhatThe

In my case, I was furious about the utter waste of NHS resources on top of other parties you mention but also the waste of my useful life battling DWP actions.

You haven't wasted their time as they are paid for that work. Wasted your time and energy, certainly. Retired judges have been tempted out of retirement to deal with the latest backlog of benefits appeals. It seems to suit the lot of them.

dynz

WOW, my UC Journal complaint has been responded to. I was contacted by telephone yesterday, and I'll be contacted on the 28th when they have investigated. This is the 1st of many complaints that I've actually been contacted about.

But I still do not understand the latest DWP stance on this issue;

First-Tier Tribunal appeal [the 2nd appeal] decision 16/10/2024;

1, The appeal in relation to backdating of LCWRA payments to 18/01/2021 is allowed.

2, The decision made by the Secretary of State on 4 August 2022 is not upheld.

DWP Letter dated 17/10/2024 upon receipt of the Tribunal order;

We've decided you're entitled to Universal Credit of £x from 3 May 2021 to 2 September 2022.

It must be me, I'm just dim or something?