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Lcwra decision no back pay?

euphrates_5

I was assessed as lcw in 2018, then in 2022 I suffered an accident that has left me unable to walk. In January of 2023 I submitted a fitnote reporting the worsening of my health and requested a new assessment in my journal.

3 months later I got notice that I have been placed in the lcwra category because of my autistic son who lives with me but I would not be paid the lcwra element.

I was surprised because I had not had the assessment so I called to ask questions and long story short someone at UC had neglected to send any referral to the health assessment advisory services.

After months of writing and calling I finally got the new assessment this month and I was awarded lcwra on the 4th of July. During this 18 months of fighting for the lcwra I have had expenses related to my condition piling up on me until I am now in debt and I have been unable to buy a wheelchair which I desperately need. (I tried the NHS and they told me the waiting list is two years)

I enquired about the back pay for the lcwra and I just now got a message in my journal saying that I am not entitled to any back pay because I was on lcw since 2018.

Can anyone help me with advice on whether that is correct? I was really counting on that back payment to clear my debts so I can rebuild my credit score and to buy a wheelchair so I can go to Dr appointments and my son's school.

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Comments

poppy123456

I'm confused about the first part of your timeline, why you were told 3 months after reporting changes that you were found to have LCWRA because of your son that lives with you but you were told that you wouldn't be paid the LCWRA element. It wouldn't be anything to do with your son.

When you report changes to your health condition and provide a fit note you are supposed to continue to provide fit notes up until a decision is made on your new WCA. Did you continue to send fit notes without any gaps until a new decision was made?

If you did then because you reported changes to your health condition then the extra money is paid from the assessment period in which you reported the changes.

This is assuming you're not claiming UC with a partner that already receives the LCWRA element on your claim.

It's only when UC prompt a review that there wouldn't be any money owed.

euphrates_5

(I'm confused about the first part of your timeline, why you were told 3 months after reporting changes that you were found to have LCWRA because of your son that lives with you but you were told that you wouldn't be paid the LCWRA element. It wouldn't be anything to do with your son) - - - - I was just as confused as you. When I asked for clarification the only thing they said was that they put me on lcwra because I am carer of my autistic son.

And yes, I provided fitnotes without gaps over the whole 18 months which is why I am so upset and confused. I have asked for a mandatory reconsideration and hoping I'm right

euphrates_5

Also I am not claiming with a partner who gets lcwra but my son does get it on his own UC account separately from me

poppy123456

Your son's claim is completely separate to your claim. Even if you live together, you are not part of the same household for benefits purposes.

You should most definitely be owed some money here. Put a message onto your journal under the payment section and remind them what date exactly you reported the changes. Also remind them that you provided fit notes for the whole time without any gaps. This means it's your understanding that you are owed money from the assessment period in which the changes were reported.

If you do receive any joy with that then request the Mandatory Reconsideration on the decision not to award from that AP.

euphrates_5

I thought it might be helpful if I included the exact message I received in my journal when I enquired about the backdated pay

((You are not entitled to any back payments for the Limited capability for work and work-related activity. You were originally only awarded the Limited capability for work element which dates from the 15th September 2018 to 3rd July 2024 and this element stopped being payable from April 2017. You were then awarded the Limited capability for work and work-related activity element from 4th July 2024. Therefore you are set to receive this in your upcoming payment and there is no backdating payments.

I have also cancelled the request for the fit note on the claim.))

poppy123456

That's not correct. They very often get this wrong. Please do as I advised in my previous comment, if you haven't already.

euphrates_5

Thank you Poppy,

I have requested the mandatory reconsideration and it has been raised. In your experience is there anything else I should do? Maybe some policy or precedent I should download?

poppy123456

I don't believe there are any specific regulations for this. In the regulations it just states that when going from LCW to LCWRA there's no waiting period.

I've seen this happen here so many times, it's ridiculous. When I advise and they go back and tell them usually they pay what is owed because they then realise that YOU reported changes, which prompted a review.

euphrates_5

Thank you for your advice Poppy, I greatly appreciate it. This has been so frustrating. I'm very anxious to get a wheelchair so that I can go places with my children again, I can't even take them to the doctors office