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LCWRA

NOTok2024

After a year long fight and Two Failed WCA's my OH has finally been awarded LCWRA. was wondering if anyone knows when First payment will be added to our UC Claim please ?
Our next statement is due on the 20th January. will it be included in this months or do we have to wait a period of time.
Thanks in Advance

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Comments

Kimi87

LCWRA has a waiting period of three full assessment periods, from the date the first Fit Note was handed in.

No money is paid or subsequently owed for that period.

We will need a bit more information before we can advise correctly.

The date he reported health condition and the date he handed in first Fit Note.

Were there any gaps in handing in Fit Notes, including any backdated ones?

Your UC assessment period or payment date.

Do you have Transitional Protection on your claim?

Does OH get Carers Element in their name?

Do you yourself have LCWRA?

NOTok2024

Was not enquiring about Backdated money.
My OH has been supplying Fit Notes to UC since November 2023.
the last WCA forms were sent back beginning of November 2024 (even thou we're awaiting Appeal / Tribunal from failed WCA done in September 2024)
we received confirmation that he was Awarded LCWRA yesturday (for some reason letter is dated 23rd November 2024, my OH didn't have his WCA until 24th December 2024)
No there is NO Protection on are UC
My OH Doesn't receive the Carers Element, but i do for Our Child.
No i don't get LCWRA for myself.

poppy123456

Has your partner had their Tribunal hearing yet for the previous WCA? The reason I'm asking is because if DWP changed the decision on the WCA before the hearing took place then the advice will be different than it would be if this was a decision made from the most recent work capability assessment.

Your question can't be answered until you answer the questions that have been asked. This is because your partner is/was already challenging one decision.

NOTok2024

https://forum.scope.org.uk/discussion/comment/965112#Comment_965112

We're still waiting on Date for the Tribunal of Previous WCA.
And was surprised when forms were sent out for a NEW WCA whilst we was in the middle of an Appeal. Hope that make sense.
We did call Tribunal office when the Newer Forms showed up at beginning of November. we was told both could run concurrently as the NEW WCA would not affect the Tribunal hearing of the September decision

NOTok2024

Our Assessment Period is 18th til 17th of the Month

poppy123456

https://forum.scope.org.uk/discussion/comment/965152#Comment_965152

What was the decision of the WCA you are currently appealing? was it fit for work or LCW?

If fit for work did your partner report changes to their health condition and provide further fit notes? You said they've been providing them since November 2023.

The advice you were given is incorrect, this new decision will overrule the Tribunal decision but even if the Tribunal decision doesn't go in their favour they've now been found to have LCWRA. If they find you have to LCWRA then your money will be backdated further.

I apologise for all the questions but I can't give correct advice without all the information.

NOTok2024

https://forum.scope.org.uk/discussion/comment/965164#Comment_965164

Thats ok. last WCA found him fit for work. even thou they stated in the paper work sent to us from tribunal that they didn't dispute that my OH does have medical problems (physical & mental health issues)
The fit notes have always covered the same reasons and every WCA we have stated the same problems.
just seems strange how first TWO WCA find him Fit for work. then the moment we apply for Appeal (After the MR appeal) they send forms for a THIRD WCA that comes back as LCWRA

poppy123456

Thank you. It's very strange how they continued to accept the fit notes because usually no fit notes are needed once the decision is made, unless a change of health condition is reported.

There will be a waiting period for the extra money but I don't know when that will be from because the fit notes continued for over a year. Usually the waiting period starts from when you provided your first fit note but for the last WCA he was found fit for work.

Are you 100% certain that there were no gaps and no change of health condition was reported after the last fit for work decision?

NOTok2024

The Second WCA is what we're waiting for Tribunal Date for.
The Whole Thing is totally Strange to us. We moved to UC from Income Support after my Eldest Moved Out ( COC triggered the Move) was on Income support as OH was Not fit to work & i'm a Full Time carer so classed as Not available to Work.
Have been supplying Fit Notes since the beginning of the claim ( with NO Gaps)
its only been since October that Doctors have included his Mental Health on the Fit Note, so not sure if that maybe a factor ? (OH has had Mental Health issues for Many years, its not a New problem)

poppy123456

When the fit notes included his mental health was he referred for another work capability assessment after that? If so then yes that could have been why he was referred at that time.

This means they may start the waiting period from that time. When the extra money is paid from will depend on the date that fit note was provided.

What is also puzzling is why the decision letter was dated before he had the new WCA in December.

NOTok2024

That is what is confusing us to. The WCA Assessment was on Christmas Eve.
we received this letter via our UC Journal on Wednesday and Date clearly says 23rd November.

We had No notice of a New WCA being done until the form's landed on the door mat at beginning of November. The First Fit Note with Mental health included on was beginning of October 2024

poppy123456

How odd! Usually when they make another referral they should upload a letter onto your journal advising you they have done that. (Assuming you have access to a journal) if you don’t then that will likely be why you weren’t informed.

Are you able to track the appeal online? If so have you logged in recently to see if a decision was made and you didn’t know.

NOTok2024

its a joint claim. so both of us can access the Journal. we had them in past saying he needs to fill in WCA form and one being sent out. but we didn't get one for this WCA. it just showed up. it was a stressful time as was in process of reading through the Tribunal paperwork from previous WCA decision

will be checking tribunal appeal process on line later as not at home today

poppy123456

Could you please come back with an update once you’ve check the appeal online?

NOTok2024

@poppy123456
Not contacted Tribunal as yet (been hectic week)
Had my December - January statement through Today.
The Three Previous Statements have been Updated / Changed.
September to October 2024
October to November 2024
November to December 2024
ALL THREE plus the New One (So 4 in total) have had the NON Dependant element Removed. But there's nothing on there about LCWRA