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Can LCWRA be backdated?

Hi, this is my first post. I have a 20 year old son who has Down syndrome. Until his 20th birthday, he was included in our tax credits but now he claims universal credit. I had to apply on his behalf and I am now his appointee. I have provided the DWP with a fit note from the GP that states that my son will not be expected to work, at all. My son gets PIP and I have provided those documents too. ( He gets the enhanced rate).
At first, I was told that he will have to attend commitment meetings, regardless of his disability. This is absurd and I, obviously,disputed this. I explained, over and over, that he obviously has limited capability to work and was told that he would only get the basic amount until he gets a work capability assessment! Even though he has already had an assessment for PIP and it is in date until 2020 and the GP had provided an indefinite fit note! After many phone calls and emails to the manager at the job centre, an appeasement was put on the commitment meetings and eventually a decision has been made to put him in the LCWRA group ( without a WA). However, his new payments will not be paid until October and WILL NOT be backdated! How is this fair? My son has a life long disability that will never change. It’s bad enough that we are reminded of this constantly but have to prove it all the time. Now they have placed him in the appropriate group, after weeks of stress (and very little money) but will not give him what he’s entitled to.
my question is... do we have any chance of getting his money backdated to the start of the claim?
At first, I was told that he will have to attend commitment meetings, regardless of his disability. This is absurd and I, obviously,disputed this. I explained, over and over, that he obviously has limited capability to work and was told that he would only get the basic amount until he gets a work capability assessment! Even though he has already had an assessment for PIP and it is in date until 2020 and the GP had provided an indefinite fit note! After many phone calls and emails to the manager at the job centre, an appeasement was put on the commitment meetings and eventually a decision has been made to put him in the LCWRA group ( without a WA). However, his new payments will not be paid until October and WILL NOT be backdated! How is this fair? My son has a life long disability that will never change. It’s bad enough that we are reminded of this constantly but have to prove it all the time. Now they have placed him in the appropriate group, after weeks of stress (and very little money) but will not give him what he’s entitled to.
my question is... do we have any chance of getting his money backdated to the start of the claim?
Replies
The extra money paid for LCWRA isn't paid until the 14th week of your claim. Unfortunately this is the rules and they apply to everyone and it's not anything to do with your son having a life long disability. You don't stand any chance of having this money backdated to the start of the UC because the first 13 weeks are called assessment rate. See this link and scroll down for work capability assessment for confirmation of the 13 week assessment rate.
https://www.moneyadviceservice.org.uk/en/articles/universal-credit-for-disabled-people
It seems ludicrous for someone to say “yes, you are entitled to money....but you can’t have it for 3 months....just ‘because’!
But, as you say, rules are rules, we’ll just have to get in with it. I’m just thankful my son has a family to support him.
My son had to wait 18 weeks in all for his LWCRA benefit. They told me it was 14 weeks plus 4 weeks because the benefit is paid in arrears. Yet we still were accountable for my son's contributions to his social care during this time gap. An agent at the DWP said there was no reason for this other than a cost cutting exercise. It's deplorable that the government can take advantage of disabled people in this way. I had to sub him out of my state pension which I could ill afford. We had a pretty sparse Christmas as a result. I would NEVER vote Conservative EVER. They will do anything for the rich while they walk all over the vulnerable. We are insignificant to them. I wish there was something we could do about it. If anyone has any ideas, please post them here.
I have been claiming Universal Credit and my 14 week assessment period ended in August. I sent off my form in November along with my medical evidence, I have BPD, PTSD and suffer from severe depression and anxiety. I have just been told that I don’t have to attend a Work Capability Assessment and that the DWP will write to me with a decision. Does this mean I will be put in the LCWRA group ? And if so will I receive any backdated money ? I just really don’t understand the benefits system so any help with this will be very much appreciated as the constant worrying and waiting is causing me a lot of distress. Thank you x
They told me exactly that about my son. He wouldn't have to attend a work capability assessment since they had enough information in the LCWRA application form. We received a decision about 10 days later and he got the benefit, payable from after the 14 weeks 'relevant' period which he received 5 weeks after that because it's paid 4 weeks in arrears plus 1 week late.
You should get backdated money to August, if that was when your 14 weeks ended. I hope this makes sense. They couldn't make it more complicated if they tried. Good luck!
I'd just like to say my son did not have to submit any sick / fit notes at all, and his LCWRA was still payable from the 14th week of his UC claim.
is anybody aware of the award period of LCWRA, on UC? As when it was added to my claim I wasn’t given an award period. I,e for a year, two years, indefinitely. As you would with DLA OR PIP.
Thanks
Scope
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Sorry long winded thank you for any help. 😊😊😊😊
Thank you
Been claiming uc since April 2018 with my partner handing in sick notes. Only this year He was called for an assessment which would have done at the beginning if we knew! So this April was assessed then had the letter in June to say He has been awarded extra money for LCW. I was told by uc that after the 13 week period the payments will be starting in our August pay. BUT the statement had nothing on so i rang uc in which they now say we will have payments in September! Is this right??? I feel uc has not been honest with us. They tell me one thing then not do it. Why can't I be told the right date when the payments will start? Help?!
When you say from when the first fit note does that mean from April 2018 or when they sent him for assessment this April?
I hope you manage to get this resolved quickly. Let us know how you get on.
Scope
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What is your assessment period and what date did you first declare a fit note? I can try and help you calculate this.
Scope
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You said your claim started on the 5th April, so I assume your assessment periods are 5th to the 4th. As long as you declared your fit note (dated 3rd April) at the start of your claim I believe it'd work like this:
5th April - 4th May: No LCWRA
5th May - 4th June: No LCWRA
5th June - 4th July: No LCWRA
5th July - 4th August: First LCWRA payment (which should be paid around 11th August.)
In your 11th August payment I believe you should receive your £336.
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I have just rang the number you have just given me and guess what? The system is down, try phoning next week was the response.
If I wasn't in such a critical predicament financially then this would be comical.
What can one do??
Thanks
M.
I received the first payment of one month LCWRA element on 07/11 after waiting 5 months. I never even received a decision/award letter advising me until I sent the same message to my advisor for 3 consecutive days before I received a response. I will be informed of any back dated amount within 7 days.
I am genuinely at a loss as to why the DWP makes you wait for 4 months (sick notes supplied) and then just gives you 1 months payment. What about the 3 months where I have handed in proof of my illness? They are just completely disregarded. I'm just glad the long wait is over and I now have a stable income for 2 years. I don't have the energy to persue it any longer.
Good luck to you tcopping1 👍
M.
Its astonishing but really, what can you do?
life's hard enough.
Like you, it wasn't until I sent 6 paragraphs expressing my discontent, apprehension and basically, astonishment at the way in which I had been treated. One thing I did notice was that when I was once overplayed they were in contact with me, all formal like, to redeem the overpayment but they are not so forthcoming with the financial assistance that I am 100% entitled to. I have payed my taxes etc for many many years and I need them the support right now.
If you have the energy ctopping1 then fight for what is rightfully yours, Good luck.
M.