MR suggested by UC about effective date of LWRCA - is it worth the bother?

Lottie1732

Hi,
I got awarded LWCRA (having previously been LWC) and I've enquired with UC about backpay.  They suggest putting in an MR for that.

I'm not sure it's worth it and the backpay is probably diddly nothing anyway.

First fit note submitted and reported change 4th April 23.  Enhanced UC awarded 17th August 23 and first enhanced payment made at the end of August.  UC statement date 24th to 25th and payment 7 days after 24th. 

UC are not very helpful and have said "because that's the date it says".  Anyhoo... is it worth it. I suspect not.  Any confirmation from more experienced folks would really be appreciated. 

Lottie 

poppy123456

As you reported a change to your health condition then the extra money should be paid from the assessment period in which you reported the changes, which for you should be 25th March to 24th April and first payment would be 30th April.

Any money owed is usually paid separately to your usually monthly money and very often takes quite a few weeks to pay it. Before the can pay it they need to recalculate your past statements to work out how much you've been paid against how much 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 is owed and it will then be paid into your bank.

They very often get this wrong so put a little reminder on your journal under the payment section and tell them what date exactly you reported the changes and tell them it should be paid from that assessment period.

Just so that you're aware, there's no such thing as "enhanced UC" it's known as "LCWRA element" some UC staff may not realise you're talking about the LCWRA element if you refer to it as enhanced UC.

Lottie1732

Thank you Poppy, but I think I'm missing some understanding. I've read many times here about the 3 months waiting period.  Or qualifying period. So I thought it wouldn't be paid until the fourth month after the waiting 3 months. Am I getting my wires crossed here?

poppy123456

You were already found to have LCW so the waiting period doesn't apply to you. It only applies to those that are going through their first WCA.

Lottie1732

Thank you Poppy!!  I thought to let this go, thinking that I wasn't due anything. It's a considerable sum!!

I've said this to them: 

From the information available to me, I reported a change to my health condition so the extra money should be paid from the assessment period in which I reported the change, which should be 25th March to 24th April and first payment would be 30th April.

Apparently, UC need to recalculate my past statements to work out how much I've been paid against how much I should have been paid. Then I should receive the difference between the 2. 

Respectfully, this is not a Mandatory Reconsideration matter but an administrative one (and issue that should not happen but I'm told is a very common error that DWP/UC make). 

Please take steps to pay the amount owed to me.

Lottie1732

They came back in seconds and said:

I am sorry but the date that the work capability assessment is taken from is from the assessment itself which is done by an outside department.  Universal Credit does not deal with the date that it is taken from and therefore the error is not with us.

poppy123456

Lottie1732 said:

They came back in seconds and said:

I am sorry but the date that the work capability assessment is taken from is from the assessment itself which is done by an outside department.  Universal Credit does not deal with the date that it is taken from and therefore the error is not with us.

That makes no sense and is totally incorrect. From this, they have completely misunderstood you.  It's from the AP which you reported the changes. If it was a review started by UC then it would be from the AP in which the decision was made.

The Health Assessment Adivisory Service are not responsible for paying you, DWP are.

I'd advise you to request the MR on the decision not to start the LCWRA element from the AP in which you reported changes.

Lottie1732

They've said: The Health Assessment Advisory Service tell us what date the Limited capability for work and work-related activity is awarded from and in your case they told us from the 17/08/23, so we cannot change this date.

So I guess I have to do an MR for the effective date. I thought I'd done with all that goo for a couple of years. 

poppy123456

Lottie1732 said:

They've said: The Health Assessment Advisory Service tell us what date the Limited capability for work and work-related activity is awarded from and in your case they told us from the 17/08/23, so we cannot change this date.

In all my years of experience and knowledge i've never heard of that one. This is just another case of UC do not know their own rules. It makes me so angry. So many people miss out on what they are entitled to for this very reason.

By requesting the MR another decision maker will look at the LCWRA element start date and hopefully make the correct decision, instead of having a random person reply to your message with silly reasons not to award it from the correct date.

Sorry, for going on and i'm not angry with you, just with them not knowing their own rules. For 10 years excuses have been made because they are poorly trained and it's not good enough.

-breathe poppy- my holiday starts in less than 24 hours!

Lottie1732

Thank you so much Poppy for your advice on this one. Without your knowledge and advice I would never have known that what UC did was wrong.  I did an MR and now they agree that the effective date is way back in April so I'm due a back payment now.  It's a considerable amount and I would have missed out on this totally without your help.

So, for anyone who moves from LCW to LCWRA, there is no 3 month waiting period.  The additional payment is due from the date that you advised of a change and that you wish to have a further assessment (you do fill out the form again too). 

There is so much good that has happened for me simply because I'm a user at Scope and have the superb help available.  ***Thank you!!***

Hannah_Alumni

I'm so glad to hear the MR went in your favour @Lottie1732!  

poppy123456

That's briilliant news and i'm so glad they finally agreed they were wrong!! This is one of the reasons that i continue to help many thousands of people here. It makes it even more worth while in situations like this.

Thank you also for the kind words, always appreciated!