Questions regarding wca

reclusiveslammer

Hi there I have recently had a work capability assessment for UC so I have a few questions.

The assesment lasted via telephone for approx 10 mins is this standard practice? As they didn't ask me about my other disabilities just cleaned up on a couple of things. 

Secondly if worse comes to worse and I get placed in lcw and I chose to do a mandatory reconsideration do have to continue sending in fit notes seeing as I am already in lcw? 

Also if it goes to tribunal and that fails can I reapply for limited capability for work again? Much appreciated. 

poppy123456

It's not standard for an assessment to last 10 minutes but i have known this for myself in the past. It doesn't mean anything other than no further questions were needed.

They do not need to ask you about all your conditions, they will concentrate on the ones they think are the most relevant.

Once the decision is made, regardless of what it is then no further fit notes are needed.

Yes, you can reapply in the future if the worst happens but it will either need to be for a completely new condition or a significantly worsening of an existing condition, otherwise they could refuse a new fit note.

reclusiveslammer

Thanks for the fast reply. If no further fit notes are required wouldn't they deem me fit for work? I.e say if I do a mandatory reconsideration and I have to go job hunting wouldn't it contradict why I'm going through the mandatory reconsideration process? Thanks poppy. 

poppy123456

No problem. No further fit notes are required after the decision is made. If you're found fit for work then the decision will already have been made anyway.

I know it's easy for me to say but please try not to worry the majority of people are found to have LCWRA. Once a decision is made the letter will be uploaded onto your journal, assuming you have access to one.

reclusiveslammer

Thanks poppy fingers crossed it goes well for me as I have been struggling a lot recently and sent them a lot of evidence over as well as them contacting my doctor so maybe the brief assessment was to just clarify a few things. I will be sure to update once a decision has been made. 

Albus_Scope

Hi there @reclusiveslammer and welcome to the community.

I can see Poppy has already been offering you advice (benefits can be so confusing!) , but I just wanted to say hi and let you know I've moved your post to the Universal Credit category, so more people will be able to see it and offer support. I hope that's ok?  

 if you wanted to take your mind off things, have a chat, or play some games, I recommend our Coffee Lounge and Games room. 

reclusiveslammer

Hi i just wanted to let you know I received lcwra I am so relieved tbf I got my notification through yesterday so thanks for your support. A quick question will I receive the top up on February as I am due to be paid on the 17th and also in regards to back pay when should I receive that? Thanks 

poppy123456

Great news. You will need to give some information before I can answer your question. 

There's a full 3 month assessment period waiting time for the extra money and it's then paid from the 4th month after you reported your health condition/provided your first fit note. First payment is then made at the end of that 4th month. It's not paid at all during the waiting period.

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

2/ Were there any gaps in your fit notes?

reclusiveslammer

Hi poppy thanks for your reply I've been handing in fit notes since the 24th of August 2023 with no gaps?

Thanks 

poppy123456

Thanks. That means your waiting period is Sept/Oct, Oct/Nov, Nov/Dec... LCWRA starts from assessment period 11th Dec to 10th Jan and first payment will be 17th January. This means up to now they owe you 1 months LCWRA element. 

You will need to check your next statement to make sure 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. 

If you or a partner were receiving earnings since you provided your first fit note and you didn't previously have the work allowance then you'll be owed some money from that.

Please note, my advice assumes you're not claiming UC with a partner that already receives the LCWRA element on your claim. 

reclusiveslammer

Yes I don't have a partner and i live on my own. So would I be entitled to the extra top up then? Also wanted to add I did receive a final payment from my previous employer which was holiday pay within me handing sick notes where I received less universal Credit, so would they owe me money because I received less universal Credit that month.. I believe I received 180 pound off them? 

Also how long will it be till I receive money what's owed to me? Thanks. 

poppy123456

LCWRA element will increase your maximum UC entitlement by £390.06/month from 17th Jan, which means they owe you 1 months money. 

For your earnings you will be entitled to the work allowance. This means a certain amount of earnings received each month will be ignore before any deductions apply. If you claim for help with the rent then it will be £379/month, if you don't then it will be £631/month. If you don't have dependent children on your claim then you wouldn't have had the work allowance prior to the decision on the WCA so they will owe you some money for that month. 

All the money that's owed will be paid as a separate payment. They will need to recalculate your past statements to work out how much they owe you. 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. 

reclusiveslammer

Ok poppy thanks you've been more than helpful. 

poppy123456

You're very welcome