13 week rip off period for LCWRA

coopernffc

All I'm being told by UC or anywhere online is "it just is!" In regards to the 13week period your denied payments for LCWRA. It's something I wish to challenge all the way and so have spent all morning calling and putting notes in my journal and they just respond like robots "you don't get it for 3months", yes I know that! But why? 
Anyway, in relation to this I reported myself unfit for work and supplied a fit note 19th Dec, I was sent a UC50 straight away and by the 10th Feb I was sent a letter saying id been classed as LCWRA, however the UC journal people are not saying it's 13 weeks from the date I reported sick but 3 months from the date of the award letter here "There is no additional payment for LCWRA for the first three complete assessment period following the start date. Your first payment will be included in the assessment period ending 18 May 2024" so they're saying I won't get paid until June even though I've been unfit since Dec! 

coopernffc

In addition they have just responded:

"The start date of your LCWRA is 19 December 2023. There is already a mandatory reconsideration raised for the start date. As it stands, the first full assessment period following the 19th of December is:

19 January 2024 - 18 February

You also do not receive an additional payment for the following two assessment periods which are:

19 February - 18 March 2024

19 March - 18 April 2024

The first assessment period that you qualify for the additional payment is:

19 April - 18 May 2024.

This may change if the mandatory reconsideration changes your start date. The three complete assessment period is set by the government, and we are not able to change it"

poppy123456

For UC it’s not 13 weeks, it’s 3 full assessment periods from when you provided your first fit note. It’s then paid from the 4th month, with first payment being the end of that month.

The LCWRA is applied from the assessment period in which you provided your first fit note. There’s then a relevant period you have to wait for the element to be included this known as the waiting period.

This applied to the old ESA too so there’s not really any difference.

Based on the information you gave your waiting period will be Dec to March… LCWRA starts from assessment period 19th March to 18th April and first payment will be 25th April. 

This is based on the information you gave. If they have told you anything different they are incorrect. 

coopernffc

They're so evil I swear, I wonder how much blood is on their hands. Also I still don't know why it's 3 months you are robbed of money and you never get it from the start day you need it. Does anyone know exactly what law or legislation states this and has the reasoning behind it ever been challenged? 

coopernffc

Poppy,
My GP offered to backdate my fit note, if they did so would this change the assessment period ? 

poppy123456

You can see the regulations here. https://www.legislation.gov.uk/ukdsi/2013/9780111531938/part/4/crossheading/particular-needs-or-circumstances-capability-for-work?view=plain

As the rules are the law then it's unlikely to change because it's always been this way. The only time it doesn't apply is if you're claiming due to end of life treatment. 

It's unlikely they would accept a backdated fit note because they usually don't You can ask but it will be down to a decision maker to make the final decision. 

Hannah_Alumni

Hello @coopernffc

Just wanted to pop on and say welcome to the community! I see Poppy has been able to help with your query. I understand your frustration with the length of time it takes to approve the LCWRA element. I hated my wait with mine. 

Also wanted you to know, I merged your two threads together, so everything is in one place for you  

coopernffc

poppy123456 said:

You can see the regulations here. https://www.legislation.gov.uk/ukdsi/2013/9780111531938/part/4/crossheading/particular-needs-or-circumstances-capability-for-work?view=plain

As the rules are the law then it's unlikely to change because it's always been this way. The only time it doesn't apply is if you're claiming due to end of life treatment. 

It's unlikely they would accept a backdated fit note because they usually don't You can ask but it will be down to a decision maker to make the final decision. 

Yup it just says "period of 3 months" but no reason as to why, yes it appears it's always been that way but lots of laws had always been that way and wrong until challenged, I shall challenge this. 

poppy123456

Challenge as in request the Mandatory Reconsideration? If so then there's nothing to challenge. 

coopernffc

poppy123456 said:

Challenge as in request the Mandatory Reconsideration? If so then there's nothing to challenge. 

No as in challenge the regulations under judicial review 

littleacorn

I hope you are able to take this all the way. How can DWP not pay you back in full to the date you applied "its the way it is" Is a ridiculous reason infact its not a reason at all! You don't just meet the criteria after 13 weeks you met the  criteria when you applied so how can they get away with this. It needs to change. Did you just become disabled miraculously after the 13 weeks? No!

Biblioklept

I've always thought it was silly, even under ESA but they also do the same for PIP. You need to have had the care needs for at least 3 months and expected to last a certain amount of time too to be eligible.

I don't think an explanation has ever been given nor has anyone raised it officially

poppy123456

For AA you need to have the difficulties for at least 6 months before you can claim, so that's even worse.