From lcw to Lcwra from tribunal win help

jamie2471

Hi so my friend won his tribunal and they are only paying from last month and not when reported change of circumstances from the Jan 25 2022 is this correct ? 

poppy123456

In this thread here https://forum.scope.org.uk/discussion/111398/friends-good-news-lcwra-appeal#latest you said they sent a fit note from Jan to March 2022. When exactly was the original decision made by DWP? They were supposed to send fit notes until DWP make a decision. 

jamie2471

poppy123456 said:

In this thread here https://forum.scope.org.uk/discussion/111398/friends-good-news-lcwra-appeal#latest you said they sent a fit note from Jan to March 2022. When exactly was the original decision made by DWP? They were supposed to send fit notes until DWP make a decision. 

Hi poppy they’ve jus told me this First reported coc on the 25th Jan 2022 for health and fit note was from 25jan to 25 march 2022 in September 2022 reported the pregnancy as was told to upload the certificate and decision on 23rd November 2022 for lcw was made 

jamie2471

poppy123456 said:

In this thread here https://forum.scope.org.uk/discussion/111398/friends-good-news-lcwra-appeal#latest you said they sent a fit note from Jan to March 2022. When exactly was the original decision made by DWP? They were supposed to send fit notes until DWP make a decision. 

So when they reported the pregnancy in September 2022 does that count as new health condition because it was under health? 

poppy123456

Why didn’t she continue to send fit notes up until the decision was made in November 2022? That can affect when the extra money is paid from. Though I wouldn’t expect her to be just owed from last month. 

It will be down to a decision maker to decide when it’s paid from but could only be from when the decision was made in November 2022.

She needs to put a message onto her journal to ask them. Who told her it would only be from last month? 

jamie2471

poppy123456 said:

Why didn’t she continue to send fit notes up until the decision was made in November 2022? That can affect when the extra money is paid from. Though I wouldn’t expect her to be just owed from last month. 

It will be down to a decision maker to decide when it’s paid from but could only be from when the decision was made in November 2022.

She needs to put a message onto her journal to ask them. Who told her it would only be from last month? 

The decision letter they uploaded on her journal without notification and no commitments to accept and the payment was for this months only

poppy123456

I wouldn’t expect any money owed to be paid in with their usual monthly money. It’s usually paid as a separate payment. 

I also wouldn’t expect any information to be in with the decision letter about money owed. 

Before they can pay what is owed they need to recalculate her past statements. This will tell them what she’s already received against what she should have received. She will then be paid the difference between the 2. 

Once this is done she will receive another letter on her journal telling her how much they owe and it will be paid into her bank. It’s not unusual for it to take quite a few weeks for them to do this. 

jamie2471

poppy123456 said:

I wouldn’t expect any money owed to be paid in with their usual monthly money. It’s usually paid as a separate payment. 

I also wouldn’t expect any information to be in with the decision letter about money owed. 

Before they can pay what is owed they need to recalculate her past statements. This will tell them what she’s already received against what she should have received. She will then be paid the difference between the 2. 

Once this is done she will receive another letter on her journal telling her how much they owe and it will be paid into her bank. It’s not unusual for it to take quite a few weeks for them to do this. 

It was this letter 

poppy123456

Then she needs to put a message onto her journal under the paymnt section and ask why she's only received 1 months LCWRA element. As i advised though, there could be issues with no fit notes being provided from March to November.

Edit to add, when the Tribunal made the decision, when exactly was it awarded from? It should say a date on the Tribunal decision letter.

jamie2471

poppy123456 said:

Then she needs to put a message onto her journal under the paymnt section and ask why she's only received 1 months LCWRA element. As i advised though, there could be issues with no fit notes being provided from March to November.

Edit to add, when the Tribunal made the decision, when exactly was it awarded from? It should say a date on the Tribunal decision letter.

March to November this year or 2022? 

jamie2471

poppy123456 said:

Edit to add, when the Tribunal made the decision, when exactly was it awarded from? It should say a date on the Tribunal decision letter.

The date on the tribunal page says they made a decision on the 27th October but dosent say the when the award started from

poppy123456

jamie2471 said:

poppy123456 said:

Then she needs to put a message onto her journal under the paymnt section and ask why she's only received 1 months LCWRA element. As i advised though, there could be issues with no fit notes being provided from March to November.

Edit to add, when the Tribunal made the decision, when exactly was it awarded from? It should say a date on the Tribunal decision letter.

March to November this year or 2022? 

2022. In a previous comment you said this..

jamie2471 said:

Hi poppy they’ve jus told me this First reported coc on the 25th Jan 2022 for health and fit note was from 25jan to 25 march 2022 in September 2022 reported the pregnancy as was told to upload the certificate and decision on 23rd November 2022 for lcw was made 

jamie2471

poppy123456 said:

jamie2471 said:

poppy123456 said:

Then she needs to put a message onto her journal under the paymnt section and ask why she's only received 1 months LCWRA element. As i advised though, there could be issues with no fit notes being provided from March to November.

Edit to add, when the Tribunal made the decision, when exactly was it awarded from? It should say a date on the Tribunal decision letter.

March to November this year or 2022? 

2022. In a previous comment you said this..

jamie2471 said:

Hi poppy they’ve jus told me this First reported coc on the 25th Jan 2022 for health and fit note was from 25jan to 25 march 2022 in September 2022 reported the pregnancy as was told to upload the certificate and decision on 23rd November 2022 for lcw was made 

Yes that’s correct first reported on 25th jan 2022  coc for health conditions fit note provided for Jan to march 2022 and then she was pregnant so reported coc again in September and was told to upload certificate and decision was on 23rd november 2022  for lcw 

poppy123456

Why did she report a CoC in Jan, provide a fit note for 2 months and then nothing at all until September and then decide to report another CoC? What was the decision for the CoC reported in Jan?

jamie2471

poppy123456 said:

Why did she report a CoC in Jan, provide a fit note for 2 months and then nothing at all until September and then decide to report another CoC? What was the decision for the CoC reported in Jan?

The first coc when she first reported her health conditions in Jan 2022 and the fit note was for Jan till march  and then she just told me she was receiving carers allowance then the change in September 2022 was her pregnancy that’s why she reported that change to upload her certificate  and was awarded lcw on 23rd November that’s why no sik notes were provided Inbetween them month I just got told 

poppy123456

Then the waiting period should start from the time she reported CoC in September 2022, assuming she provided a fit note within 7 days of that and continued to send them without any gaps until a decision was made on the WCA.

First payment should be either Jan or Feb 2023, the exact date will depend on what date in September 2022 she reported the changes/provided the first fit note.

jamie2471

poppy123456 said:

Then the waiting period should start from the time she reported CoC in September 2022, assuming she provided a fit note within 7 days of that and continued to send them without any gaps until a decision was made on the WCA.

First payment should be either Jan or Feb 2023, the exact date will depend on what date in September 2022 she reported the changes/provided the first fit note.

Ok thank you will let you know when she gets a reply back 

jamie2471

poppy123456 said:

Then the waiting period should start from the time she reported CoC in September 2022, assuming she provided a fit note within 7 days of that and continued to send them without any gaps until a decision was made on the WCA.

First payment should be either Jan or Feb 2023, the exact date will depend on what date in September 2022 she reported the changes/provided the first fit note.

Hi my friend receive a reply and this is what they said We've decided you're entitled to Universal Credit of £8355.23 from 29 December 2022 to 28 September 2023. This is because of you award for Limited capability for work and work-related activity.

We've already paid you Universal Credit of £5156.62 from 29 December 2022 to 28 September 2023.

We owe you £3198.61. This is the amount left after taking away the Universal Credit we've already paid you.

We'll pay £3198.61 into your bank account.

But she isn’t getting the full ammount of what they said she’s owed 

poppy123456

As you said she sent a fit note from Jan to March 2022 but didn't send anything further so that wouldn't apply anyway because of the gap with the fit notes. I did advise that the gap is likely to go against her.

She then reported another health condition in September 2022. Therefore the waiting period will start from when she reported her health condition for the 2nd time.

The figure of £8,355 is what she should have received between Dec 2-22 and Sept 2022 if her UC had included the LCWRA element.

She's already received £5,156 between those dates so she's now owed the difference between the two, which is £3,198.61. This will be a mixture of the the old 2022/23 rates before the April increase this year and the new rates after the increase. Yes, it sounds about right to me. Though i can't tell you the exact amount because it will depend on the exact figures and what her maximum UC is.