Can LCWRA be backdated?

hellsbells42

They will give you/him a UC50 form to fill in x

Lammy

Hi Laurae, The LWCRA benefit is only payable 3 months after your first UC payment, so you cannot get it backdated any further back than that.  It's unfair, but those are the rules, and the DWP don't offer this information at the initial job centre interview.  The UC 50 form you will have to ask for either by phone or in your journal - I did both since no-one is in a hurry to respond to journal entries unfortunately.  The form is 30 pages long.  Include as many professionals names and contact details involved with your husband, and give as much info as possible - letters, reports, prescription lists, etc.  if you send enough info he may not require a face to face assessment.  Good luck.

laurae

Thanks we have already filled this in and sent it off was received last Friday so now just a waiting game.... what I am asking thou if he is awarded the lcwra will they back date it to the 3 month after we claimed although he didn’t submit sick notes till that jan there but doctor has backdated the sick note 

hellsbells42

I got (& was told) its 3 months from when you first hand ur sick note in. Mine was actually 15 weeks, but I was awarded it on 6th Jan but my first payment I didnt get til end of Feb!!

laurae

Will that go by jan or the backdated 1 sorry we have only just found out he could claim this 

hellsbells42

Yes its annoying, I wasnt told about it for ages and didnt realise what I could claim! It will go from when he handed his sick note in, in Jan.

laurae

Ah that’s great thanks so there was no need to hand the backdated 1 in... our advisor told us to get the backdated 1 as his disabilities has always been on our claim they have just never picked up on it before as he is a Carer to our daughter 

poppy123456

laurae said:

Hi sorry to jump on ur post.. my husband has been on uc for almost 2 years his disability has always been recorded on there just started handing in sick notes jan but we were never told he needed to hand these in to receive the work capability assesment... would we be able to get this back dated to the start of our claim.... the doctor has already provided a backdated sick note from when our claim started 

I'm afraid it won't be backdated to the date he started claiming UC. The waiting period starts from when you hand in your first sick/fit note and not from when you start your claim. See link and scroll down to waiting period. https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

If he's successfully given LCWRA then the extra payments will start from the 4th month of the claim from when you hand in your first sick/fit note.

laurae

He started handing them in jan 2019 so if awarded it should start April is that correct 

hellsbells42

about then x

laurae

Sorry to be a pain..... would he be able to challenge y he was never asked for a fit note before now 

hellsbells42

no I don't think so. Tbh they're not bothered cos it means they wouldn't have had to pay you before now, do you know what I mean?

laurae

Yeh I get what ur saying thanks you for your help

poppy123456

laurae said:

Sorry to be a pain..... would he be able to challenge y he was never asked for a fit note before now 

If sick notes were handed in in January, if he's successfully awarded LCWRA then the extra payment will start from May. If he started his claim after April 2017 and he's given LCW then he won't receive any extra payments.

It's a claimant responsibility to know what they should be claiming, so challenging it most likely won't be possible.

laurae

Our claim started April 2017..... this wasn’t picked up on thou as he is a Carer for our daughter and we have had a lot of mishaps on our claim regulating everything 

poppy123456

If he's claiming the carers element of UC then he won't be able to claim the LCWRA element at the same time. For this reason then it would be better if you claim the carers element for your daughter.

laurae

Yes we already know this but got told the lcwra is more than Carers element 

hellsbells42

If you are saying you are unfit to work, you cant be spending more than 35 hours a week to look after someone. 

hellsbells42

Tell him to claim LCWRA instead ?

laurae

Can I ask y that is please