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LCWRA BACKDATED PAYMENTS

pbarot

I have just been advised I am eligible for LCWRA but am confused as to when I'm eligible for backdated payments if any.

I was initially told I must seek work and I took this to a 1st Tier Tribunal that reached a decision I had LCW in 2019.

I was then told, they would review this after 2 years. That didn't happen then and I was only reassessed earlier this month.

Iis not my fault they didn't assess me earlier and I'd been told I was not required to provide any sickness certificates after the tribunal judgement.

Now I'm very confused as to when I can get LCWRA backdated to?

Does anyone out there know what my rights are to any backdated payments? I read somewhere that the DWP often make mistakes in relation to backdating payments.

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Comments

poppy123456

If this was a review started by UC then the extra money is paid from the assessment period in which the decision was made.

If you reported changes to your health condition then it will be paid from the assessment period in which you reported the changes.

I assume by what you've said here that UC started this review so no money is owed.

Those "2 years" that you were told by the Tribunal was just a guide and it didn't mean you would be reviewed at that time.

pbarot

You are correct in your assumption. UC started this review. So, I gather from what you've stated that I'm not due any backdated payments.

Thank you for taking the time to explain that to me. I appreciate it.

poppy123456

You're welcome. Yes, unfortunately there's no money owed.

Albus_Alumni

Hey there @pbarot and welcome to the community.

I can see Poppy is already helping you out with your query, but I just wanted to pop in and say a quick hello. 😁

pbarot

Im a bit confused still because of the correspondence I've been receiving from the DWP.

They are suggesting that there is a huge underpayment of benefits due.

I think I didn't explain myself clearly before. I made a claim in November 2018. The DWP Insisted I seek work and I challenged this and they reviewed this and still insisted I seek work. At that stage, they were accepting sick notes from my GP but then stated I didn't need to provide this anymore until my tribunal hearing was held.

The tribunal accepted I was too unwell to work in late 2019. Their judgement stood for 2 years. The DWP didn't review my situation but also didn't expect me to seek work after the two years.

The DWP only reviewed 2 weeks ago and have confirmed I'm too unwell to work.

Even though the tribunal assessed me as being unable to work and have limited capacity to do so, the amount of money given did not increase at the time.

Should it have increased when the tribunal made their judgement? Is this why the DWP saying I'm due a huge underpayment?

poppy123456

I'm not sure why you've been told you have an underpayment because based on the information you've given there's no money owed. Who's telling you there's an underpayment and you're owed money? The UC helpline perhaps?

LCW is also an ongoing award until a new decision says otherwise, same as LCWRA is. Although the Tribunal told you 2 years, that's actually irrelevant because your award doesn't just end.

Had you reported a change of circumstances and provided fit notes, which you're supposed to do when reporting changes to your health condition, then you would have been owed money from the assessment period in which you reported the changes.

As you didn't do that and it was a review started by UC there's no money owed.

When the Tribunal found you to have LCW there's no extra money for that because your claim started after April 20217.

pbarot

I have received this information from the DWP itself via the UC Internet portal I sign into and receive information from.

This probably is me not explaining things properly. I I told the DWP I wà too unwell frommthe outset if my claim but they only paid Mr the basic payments as a single person.

I never received any additional payments. I provided sick notes from my GP from the very begining of my claim in a regular basis until I had lodged my tribunal application. At that point, the DWP themselves advised me I didn't need to send any further certificates until my case was heard by the tribunal.

When the tribunal decided I was too unwell to seek employment, my payment rate remained the same as before. I continued to receive my basic UC payment and nothing extra. I never received any LCW or LCWRA payments even though I was deemed too unwell to seek employment from the outset.

Here is what I received

30 Jul 2024 at 11:58am

Regarding your decision to limited capability for work, there is a large underpayment that was generated. Would you like it processed in a large sum or would you rather paid in smaller payments.

Kind Regards

poppy123456

I can only advise you based on the information you have given. Based on that there’s no money owed to you. I have no idea what that large underpayment is for and why.

When you were found to have LCW by the Tribunal because your claim started after April 2017 then there’s no extra money for that element.

For your most recent review if it was started by UC then as I advised the extra money should be from the assessment period in which the decision was made. I’m afraid I have no other advice to give.

pbarot

Great news from DWP re my LCWRA.

I had a conversation with my caseworker in the DWP and she advised me that I was due over £9,000 for payments since 2022.

In Addition, she told me that their system was wrong and I was due an additional £20,000 + for backdated payments from all the way back in 2018.

She has requested an urgent mandatory reassessment and will ensure I have a full response on the £20,000+ by next Wednesday.

I had been attempting to explain my circumstances and getting told I'm not due any backdated payments. However, it seems I am due quite a substantial sum of money.

I'm just curious at this stage as to whether I can claim any interest taking into account that the DWP has not been paying me the correct amount of money since 2018. Does anyone know if I am due any interest payments for what was a huge DWP fault?

poppy123456

That's great news for you and thank you for returning with an update. In my defence I was advising you based on the information you gave. There was clearly more to this than what you were explaining here.

You won't be able to claim for any interest on the money that is owed to you, unfortunately. You can put a complaint in about the underpayment and explain to them what exactly happened.

pbarot

Hi Poppy,

I was only recounting what was happening and certainly not looking to assign any blame to anyone. I'm just grateful for the good work your organisation for and I totally accept that I probably didn't explain my situation properly in previous conversations.

Just to clarify. In 2018, when I first claimed Universal Credit, the DWP insisted I seek work but I refused stating I was too unwell. They requested sickness certs that my GP willingly provided.

I was then medically assessed and that assessor also claimed I was fit enough to seek work. I didn't accept that and made an application to the 1st Tier Tribunal. At that stage, the DWP advised me I didn't need to provide further sickness certs until I had my tribunal hearing. That happened at the end of 2019.

The tribunal stated I was unfit to seek work and they would reassess in two years. However, that reassessment only happened a few weeks ago.

I had no idea that there was a separate allowance given to people who were deemed as being unfit to work.

Basically, all I'd been getting was just the universal credit payment and nothing more.

My caseworker agreed that the DWP had made a huge error in not paying the LCWRA allowance since 2018.

I imagine that there errors like this happening all the time. I'm happy that the caseworker in the DWP understood the issue and wants to settle this quickly.

I do appreciate the help and support your organisation provides. Thank you.

poppy123456

Then the decision made by the Tribunal must have been LCWRA and not LCW because for LCW there's no extra money each month due to your claim starting after April 2017.

To be clear also, scope isn't my organisation. I'm just a member like yourself, who gives my time freely to advise others. I have a disability myself and also claim benefits.

pbarot

Yes, it was my mistake in stating LCW in my first correspondence.

poppy123456

Thank you for confirming that. In your case I’m very happy to hear that UC did realise their mistake.

There’s many thousands of people likely being underpaid without even realising that.

This is why it’s really important to make sure you give all the correct information when asking for advice and then the correct advice can be given.

Just so that you’re aware when you do receive the money that’s owed it will be disregarded from capital for the length of your UC claim because it was an official error.

Please make sure you treat yourself to something really nice when you receive what is owed.