LCWRA Help

lmac86

Hi there,
I am looking for some advice. I have recently been awarded LCWRA from 1/11/23 and been told via my journal that LCWRA payment will be available from my next statement with payment 6th April 24 with no back pay. I am a bit confused by this, as I first provided fit notes from 28th August 23 with no gaps and my current fit note doesn’t expire until 6th March 24. So why no back pay? 

chiarieds

Hi @lmac86 - & welcome to the community. May I ask if being awarded the LCWRA element was a result of your first WCA? If so, I would have expected this to have been due from the beginning of this year, so you would be owed some back pay as you haven't had any gaps in your fit notes.

So this can be worked out please can you let us know the dates of your assessment periods.

lmac86

Thank you.
yes, first WCA. My assessment period is from 30th - 29th each month with a payment date of 6th each month. 

Albus_Scope

Heya @lmac86 and a big welcome from me too. 

I can see you're already getting some help with your question, but I just wanted to pop in and say hello.

chiarieds

Thank you for your reply. There's a 3 full months waiting period when the LCWRA element isn't paid, so Aug - Sept, Sept  - Oct & Oct -Nov. The LCWRA element is due from your assessment period 30 Nov - 29 Dec. As this is paid in arrears it's actually due from 6 Jan 2024.

I'd put a note under payments in your journal saying this to try & get it sorted as UC have got it wrong, which unfortunately happens!

lmac86

Thanks for the information. I did think this myself and had already stated this in my journal, but was told there is no back pay due. I have made another entry under payments. I will see what’s said. I can see from my December statement that I have LCWRA but there has been no element paid. It doesn’t make sense.

poppy123456

My only other thought, are you claiming UC with a partner that already receives this element on your claim? If so then you won't be entitled to the extra money because you can only receive one element per claim. 

lmac86

No, single claim. It’s so frustrating. I’ve asked several times if I can have a telephone appointment to discuss this, as I have the added complication that I am employed. I had asked, now that I have LCWRA should I resign, but was told I can’t or I’ll be sanctioned, but my employer has said they can’t keep a job open for me for an unknown time frame. I have no idea what it is I’m meant to. None of it makes sense and no one has been helpful at all, hence why I came on here for advice. 

poppy123456

You can’t be sanctioned if you resign from work because you’ve been found to have LCWRA. 

However, I wouldn’t advise anyone to resign without first getting some expert advice because you could lose money from your employer by doing this. 

lmac86

I haven't had any pay from my employer since being on Maternity leave August 2022, that’s why I have been getting UC. Maternity leave ended August 2023 and the day after, I’ve been signed off as unfit for work. I just wish someone from DWP would clarify this all. It’s stressing me out and making my health worse. 

honestjon

poppy123456 said:

You can’t be sanctioned if you resign from work because you’ve been found to have LCWRA. 

However, I wouldn’t advise anyone to resign without first getting some expert advice because you could lose money from your employer by doing this. 

I agree I wouldn't resign because you will lose certain rights that you have got and in the future it might be possible to return to work so if that is an option it is a good idea to keep it available to use because in the future you might be ready to return to work.
I think you should get expert advice from citizens advice or someone who knows 

lmac86

Thank, my work have stated that they cannot keep my position open for an unknown length of time so have said they will dismiss me on grounds of ill health and LCWRA decision. It’s the no back pay that I’m more concerned about and whoever is replying on my journal not seeming to know. 

lmac86

So my work have decided to dismiss me on the grounds of ill health and UC have requested an MR.

Hannah_Alumni

@lmac86 I am so sorry to hear that. How do you feel about the decision? Have you managed to speak to someone on your journal who can support? 

lmac86

I am happy about it, takes a lot of pressure and stress off me. I find the journal very pointless. Hardly ever get a response and when you do not all questions are answered. Hopefully the MR doesn’t take long

poppy123456

When you’re found to have LCWRA you don’t have a work coach so messages can go unanswered for quite sometime. 

Hannah_Alumni

Please keep us updated @lmac86

Allys

I'm a bit confused to say the least.  I have finally received an email today saying I am eligible for LCWRA.  I am already in receipt of ESA - up to 10.11.24, PIP up to mid 2026 and UC, ongoing. 

Questions:-

1) Does ESA get replaced by LCWRA when it is awarded? 

2) Is LCWRA deducted from UC as ESA is? 

3) I have recently had 2 meetings and 1 hearing with my employer who has made it clear they need me back ASAP - where do I stand regarding not returning to work for the duration of my disability, which is likely to be for some time?

4) Can I be dismissed with no negative effect on my benefit claim?

5) Will I need to hand in my notice and, if so, how might this effect my eligibility for benefits?

Sorry for all the questions - I realise these may have been asked and answered before, but I've only joined this group today and need clarification, if that's possible. 

I just need to work out a budget and make sure the bills are covered.

Thank you

poppy123456

@Allys ESA and UC are 2 different benefits. 

1/ No, ESA isn't replaced by LCWRA. LCWRA is an element, which is part of UC. 

2/ LCWRA is not deducted from UC. It increases your maximum UC entitlement by £390.06/month from the 4th month after you provided your first fit note. When it's paid from will depend on what date exactly you provided your first fit note and what date you usually receive your money each month.

3/ Handing in your notice will not affect your benefits because you've already been found to have LCWRA. However, I wouldn't advise anyone to just hand in their notice without first getting some expert advice because you may end up losing money from your employer by doing this. 

4/ Already answered above. 

5/ again already answered and point 3. 

For your ESA you will also be placed into the Support Group and your money will increase from the 14th week of your claim to £129.50/week. The deduction from your UC will also increase. 

As you're now in the Support Group your payments will continue for as long as you remain in that group. It's not time limited to 1 year. 

lmac86

I still haven’t heard anything from the MR regarding the date of when I handed in medical evidence. How long does this usually take? 

poppy123456

MR decisions can take up to about 12 weeks.