LCWRA tribunal allowed advice please

mummybear913

So yesterday 20/06/25 I received this letter in the post from my appeal which I sent in October 24 as I was told I only had LCW but I knew this wasn’t right due to my mental health I can see my last sick note was accepted 01/07/24 so when will my lcwra start from and will I be backdated? Tia

1. The appeal is allowed.

2. The decision made by the Secretary of State on 16/10/2024 is set aside.

3. ******* is to be treated as having limited capability for work-related

activity. The matter is now remitted to the Secretary of State to make a final

decision upon entitlement to Universal Credit (UC).

4. The Secretary of State has accepted that ******* has limited capability for

work. This was not in issue.

5. No activity or descriptor from Schedule 7 of the UC Regulations 2013 was

satisfied but Schedule 9, paragraph 4 of the UC Regulations applied.

6. The tribunal applied Schedule 9, paragraph 4 because there would be a

substantial risk to the mental or physical health of any person if the appellant were

found not to have limited capability for work-related activity.

7. The HCP assessment refers to ******* having difficulty coping during the

assessment and being withdrawn. She has been socially isolated since the death

of her mother and has no one to support her in leaving the home to attend

appointments. In the circumstances, the Tribunal found that there would be a

substantial risk of a significant deterioration in ******* mental health if she

were to be found capable of work related activity.

8. No party has objected to the matter being decided without a hearing.

9. Having considered the appeal bundle to page 163 pdf / Addition C1 (paper) and

the requirements of rules 2 and 27 of the Tribunal Procedure (First-tier Tribunal)

(Social Entitlement Chamber) Rules 2008 the Tribunal is satisfied that it is able to

decide the case in this way.

Final Decision Notice Addition D | Page 110. Any recommendation given below does not form part of the Tribunal's decision

and is not binding on the Secretary of State. The Tribunal recommends that the

Department does not reassess ******* within 24 months from today

Albus_Scope

Ah congratulations on the appeal @mummybear913 that's great news! I can't say when the LCWRA money will start appearing as it can take a few weeks for the DWP to change things over. But it should be backpaid to when you originally asked for the WCA. I say should, they'd usually say if backpay is due or not which is usually in a separate letter which breaks everything down for you.

mummybear913

thank you I will let you know how I get on