LCWRA

mFer

Could you please inform me about my eligibility for backdated payments for my UC claim under LCWRA? I initially filed my claim in November 2021, received the first decision on January 4, 2023, and won the appeal on December 4, 2023. How does the backdating process apply to my case, especially considering the start date of my claim in November 2021?

poppy123456

What date exactly did you report your health condition/provide your first fit note?

What date do you usually receive your money each month?

mFer

To Dwp 15,December 2021, to UC September 2022.
2nd of month.

mFer

I'm apologies, To Dwp 15,September 2021, to UC September 2022.

2nd of month.

Hannah_Alumni

Hello @mFer

Welcome to the community! Just to let you know, I merged your two threads together so everything is in one place!  

mFer

Thanks, I tried deleted but I didn't know how to.

poppy123456

mFer said:

I'm apologies, To Dwp 15,September 2021, to UC September 2022.

2nd of month.

Sorry but i'm confused as to what exactly you mean here because you have 2 different years, 2021 and 2022. UC is part of DWP. 

Can you please confirm the exact date you provided your first fit note?

That's an awful long time to be waiting for a Tribunal hearing. Was that your first work capability assessment?

mFer

First Fit Note Date: 15th September 2021.

Claim for Capability: 25th November 2021.

First Capability Assessment: November 2022.

Initial Decision: January 2023.

Appeal: January 2023.

Final Decision: December 2023.

poppy123456

mFer said:

Claim for Capability: 25th November 2021.

If that was when you returned the form, it's irrelevant. If the date you usually receive your UC payments is 2nd of every month then your waiting period will be..

Sept to Dec.. LCWRA starts from December to Jan assessment period and first payment will be 2nd Feb 2022.

Please note that my advice is based on the information you provided.

mFer

That is mean I get back payment from 2nd of February 2022, not from November 2021?

poppy123456

The waiting period is 3 full assessment periods starting from when you reported your health condition/provided your first fit note. The LCWRA element is then paid from the 4th month, with first payment being the end of that month. It’s not paid at all during the waiting period. 

Why do you think it would be paid from November 2021 when you didn’t provide your first fit note until 15th September 2021. 

mFer

Ok I understand that. 

Also have one question
How long is waiting for payment ?
And thank you for all information 
poppy123456.

poppy123456

After a Tribunal win it can take anything up to 8 weeks for them to pay what is owed. They have to recalculate your past statements first to work out exactly how much you've already been paid, against what you should have been paid. You will then receive the difference between the 2. 

Once this is done you'll receive a letter on your journal telling you how much is owed and it will be paid into your bank.

Your new statements will replace the existing ones so you may want to take copies of those.

mFer

Hi,
Do I have the right to claim backdated LCWRA payments from New Style ESA if my Universal Credit was approved retrospectively from February 2023? I have been applying for LCWRA since November 2021. I received New Style ESA from September 2021 until September 2022, after which I started receiving Universal Credit from September 2022.
Thank you 

poppy123456

mFer said:

Hi,
Do I have the right to claim backdated LCWRA payments from New Style ESA if my Universal Credit was approved retrospectively from February 2023? I have been applying for LCWRA since November 2021. I received New Style ESA from September 2021 until September 2022, after which I started receiving Universal Credit from September 2022.
Thank you 

Had you mentioned this previously then i could have advised you correctly. I can only advise based on the information you gave.

When you claimed UC in September 2022, did you have another work capability assessment for that?

mFer

Am I entitled to request retroactive payments from New Style ESA based on my application history as described? Specifically, I have been applying for LCWRA since November 2021, and I received New Style ESA from September 2021 until September 2022. Afterwards, I started receiving Universal Credit from September 2022. Considering these details, do I have the right to claim backdated payments from New Style ESA?

mFer

When you claimed UC in September 2022, did you have another work capability assessment for that?

No 

poppy123456

I'm assuming the Tribunal decision was because of the ESA claim so that should automatically be put back into payment. Extra money will be paid from the 14th week of that claim.

There will be no waiting period for UC because had the correct decision been made at the start then you would have been entitled to the LCWRA element from the start of your UC claim.

The ESA will be deducted in full from any UC entitlement going forward. ESA will pay what they owe you for that. You will also receive the LCWRA element that's owed for UC.

However, you will then have an overpayment of UC for the ESA payments because it's deducted in full and you were claiming UC from September 2022. It's complicated but UC will work out the figures.

mFer

Hi,
Could you please provide the updated postal address or email for Employment Support Allowance inquiries?

poppy123456

There is no email address for ESA. For the postal address it's different depending on the area you live so i'm afraid i can't give that either. Best thing to do is ring the helpline.