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A question about back payments

carguy97

Hi everyone! New to this forum. I was just awarded LCWRA at tribunal after being found fit for work by the DWP previously. The judge awarded me based on substantial risk alone.

I have a question about backpay though. I had a job centre appointment on the 3rd but obviously with my ruling they have gone ahead and cancelled it. I have dropped a message in my journal, but I'm unsure now if anyone will see it as I no longer have to go to the JC.

My original fit note/claim was started in October 2022, and I had the WCA in January 2023 I believe. So based on that information, and the fact the judge said I need to be reassessed in 12 months (does he mean WCA or another tribunal??), am I entitled to backpay? If so, how much am I likely to be looking at? Thanks everyone

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Comments

poppy123456

The waiting period is 3 full assessment periods. LCWRA is then paid from the 4th month after you provided your first fit note. First payment is then at the end of that 4th month. It's not paid at all during the waiting period.

You haven't given enough of information for me to advise when it's paid from exactly. I'd need the answer to the following questions.

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

2/ What date do you usually receive your money each month?

LCWRA is an ongoing award until a new decision says otherwise. The 12 months you were awarded is irrelevant because it doesn't just end after those 12 months.

Now you have LCWRA no further appointments will be needed and this will continue for as long as you have LCWRA. You will be reviewed sometime in the future but when that will be is anyone's guess.

carguy97

https://forum.scope.org.uk/discussion/comment/883950#Comment_883950

Hi Poppy, thanks for responding. 21st October 2022 was the exact date my first fit note was submitted according tory journal records.

As for my UC, I am paid on the 25th of each month

poppy123456

Your waiting period will be Oct/Nov, Nov/Dec. Dec/Jan… LCWRA starts from 19th Jan to 18th Feb and first payment would be 25th Feb 2023.

Before they can pay what is owed they will need to recalculate your past statements to work out how much money you've already received, against what you should have received. You will then be paid the difference between the two. 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. It will be paid separately to your usual monthly money. Please also note that the LCWRA element will be 3 different rates… 2022/23, 2023/24 and 2024/25.

That was an extremely long process.

carguy97

https://forum.scope.org.uk/discussion/comment/883950#Comment_883950

https://forum.scope.org.uk/discussion/comment/883975#Comment_883975

Okay, thanks. I'll wait to see what their calculations come up with and was they tell me through my journal. So it's looking like it should be quite a good amount then based on the length of time that I have been waiting since my WCA?? You're right, it was an extremely long process, made worse by being talked down to constantly by the DWP staff and having unrealistic expectations placed upon me this whole time. I'm just glad it's over now

One more thing, does it affect anything if I have gaps in my fit notes? Basically I submitted the original October 2022 one, that triggered the WCA, but before the WCA I had submitted a second one that was for a substantially longer amount of time, however after my WCA in Jan 23' they told me I no longer needed to continue submitting fit notes because I had been found fit for work at the time. Will this affect anything?

poppy123456

As long as there were no gaps from the time you provided your first fit note up until a decision was made originally in 2023 then you'll be fine. No further fit notes are needed after that decision was made anyway.

I'm also assuming you didn't report any changes after that decision was made in 2023 so had no further work capability assessment?

carguy97

https://forum.scope.org.uk/discussion/comment/884001#Comment_884001

Correct yes, I did not report any further changes since the initial WCA as I had not received any other new diagnosis's for my health, and didn't even think the JC would listen to me based off that

carguy97

https://forum.scope.org.uk/discussion/comment/884014#Comment_884014

I am way worse off now than I was back then though. I've recently applied for PIP because of this and I'm waiting to hear a decision back from that