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Lcwra backdated pay

Ashleyb1Ashleyb1 Member Posts: 49 Listener
edited January 2019 in Universal Credit
If accepted which I'm pretty confident I'll get but not keeping my Hopes to high, will my money get backdated to my first sicknote on uc which was like a years and a half ago or the sicknote I handed in with my work capability assessment form? 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm sure i answered your question yesterday on another thread. It's paid from the 4th month of your claim starting from when you handed in your first sick note. Please read this link. https://www.entitledto.co.uk/help/Long-term-health-condition-or-disability-Universal-Credit

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Yes but I'm just abit confused cause I've handed my first sick note a year and a half ago before any claiming and health assessments 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Are you saying you waited all that time for a face to face assessment? and inbetween that time you were regularly sending in sick notes?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Or were you claiming ESA before universal credit and you were sending in sick notes for that. I see on some threads you said you were claiming ESA.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Yes I've been handing in sick notes for ages before being asked to do a health assessment like a year and a half ago maybe longer 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When did you first claim UC? A year and a half seems like an awful long time to be waiting for the assessment.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    I've been on uc for about 3 and half  years then my mental health problems started about 1 and a half years ago more or less and I've been handing in sicknotes
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Then my advice is the same as before. LCWRA is paid from the 4th month of your claim, so if successfully awarded this then you'll be back dated £328 per month from the 4th month.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Ok so it ain't for the first sicknote it's for the date they receive the health asessment form back then the 3 month period starts?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No, i keep saying it's from the date when you handed in your first sick note because that will be the time you claimed limited capability for work. Have you read the link i posted? it tells you exactly what i'm telling you in there.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment
    In most cases, the LCW or LCWRA element will not be included in your Universal Credit award straight away. There is a three month waiting period which will begin when you provide evidence of having limited capability for work. If you have earnings above the threshold your waiting period will begin when your claim for Universal Credit commences, or if later, when you make a claim for a limited capability for work element.

    Providing evidence means....sick notes.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    I miss read what you said got it now lol, thanks.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    lol no worries.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Just an update still havent heard nothing they said it can take up to 4 weeks to hear a decision so I'm hoping I hear something next week
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's no time scales for decisions, backlogs are just part of the reason a decision can be delayed.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    I've just been put on no work or related regime but still waiting for my decision does that mean I'm going to go on lcwra but it ain't been made official yet?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Nothing is official until the decision's been made, it just means at this point that you have a very understanding work coach. Unless it says limited capability for work related activity on your journal then the decision hasn't yet been made.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    They have told me they got the decision but cant tell what it is? Which I dont understand
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When a decision is made it can take 24 hours for it to show on the other computer. Until it shows they can't see it, all they can see is a decision's been made. Ring again in about 24 hours from the time you last rang and they'll be able to tell you. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Ideals thanks for all your help
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    I gave them a phone they said they cant tell me, only by post they can, you wouldnt know how long it takes for them to send the letter after they made a decision? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As you're claiming Universal credit then it should tell you on your online journal, you'll need to check that.  If you live in the UK then i've never known them refuse to tell you the decision by phone before. Letters from DWP can take anything up to 10 days.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Got nothing in my journal and they said they cant tell me what it is over the phone, so not sure what's going on there.its just worrying if that means anything like is it good or bad
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If a decision's been made they usually put a note on your online journal. They also usually tell you the decision on the phone, whether it's good or bad news. Did they tell you why they can't tell you the decision on the phone?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Not really they just said they are not aloud to tell me over the phone it has to be done through post, they didnt say if It was posted or a time scale on when I would receive the letter so I'm kind of left in the dark

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It feels like the decision hasn't been made because like i said, they usually put it on your journal for UC. As they couldn't even tell you if a letter was on it's way to you, it all seems rather odd to me. Did you ask for a copy of the assessment report, as i advised? This can be useful if the worst happens and you're found fit for work or placed in the LCW group and you need to request the MR.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    It's all abit confusing cause she said a decision has been made so I'm not sure what's going on going to ring again tomorrow and ask to speak to someone who knows abit about it all
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Just phoned again now there saying a decision hasnt been made, I dont see why there messing around with me
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Got my decision now been put in lcw can I appeal this decision as I cannot leave my home nor  can I do anything on a computer as I dont have one and cant afford to buy one.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ashleyb1 said:
    Just phoned again now there saying a decision hasnt been made, I dont see why there messing around with me
    That's exactly what it thought because if it had been made then they would have told you the decision yesterday. They would have also told you a letter is on it's way to you. Unfortunately, there's nothing you can do until a decision's been made, apart from request the report as advised.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    I have my decision now and been put in lcw can I appeal it
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes you can and the first step to this is to request the Mandatory reconsideration and you have 1 month from the date of the decision to request this. Before doing this you should take a look at the descriptors for LCWRA because unless any of them apply then you need to consider if it's worth requesting the MR. Also take a look at reg 35 which is special circumstances.

    All explained in the following links but i've put the Support Group descriptors (ESA) it's exactly the same but easier to understand and explained better the LCWRA.



    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    From reading the descriptors I'd fall under 12,13 and 14 so if that is the case would that qualify for lcwra?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It will depend on how your conditions affect you whether you'll be successful with this. If you're claiming for mental health then activity 14 you would need to have on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

    For activity 13 you would need to experience significant distress with social contact.

    For activity 12 you would need to show that you cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.

    I would advise you to get expert face to face advice from an advice centre near you.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Would they do a home visit?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I know CAB doesn't but i have no idea about welfare rights or a law centre. See this link for what's available in your area.

    Did you have a face to face assessment? if so did you attend this alone or take someone with you?

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    I did appeal the decision they have accepted it and decided to put me in lcwra and it says on the letter "you have been awarded this from 03/07/17 when you first declared your health condition" does this mean I'll be backdated to this date?.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Do you mean you requested the MR and they changed the decision from this? If so, there's a waiting period of 3 months for UC, so it's paid from the 4th month of your claim starting from when you sent in your first fit note.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Yes they changed there decision to lcwra and says I've been awarded from 03/07/17 when I first declared my health condition 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Great news. There's the waiting period on top of that.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
    Does this mean I'll get backdated to that date
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Add on 4 months from that date and that's when you'll be back dated to because it's called the waiting period. See link and scroll down to waiting period.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Ashleyb1Ashleyb1 Member Posts: 49 Listener
  • foxxxizfoxxxiz Member Posts: 4 Listener
    Sorry to jump on post.. was in lcw on UC notified them of change in health may2019 had assessment 31/12/2019 decision made for lcwra 27/1 should this have been backdated as I requested review as they're sayingnim only entitled to lcwra as of 27/1 if so what regulation can I quote please
  • HORTZHORTZ Member Posts: 1 Listener
    Hi. 

    Sorry to ask the same question, but my adult daughter handed in her first sick note in June 2018 it was only since Nov 2019 her new work coach realised that the system. Didn't automatically put her on a work Assessment and neither did her old work coach.
    She's now been classed as LCWRA and will be awarded the extra money, will this be back dated to 2018 as it wasn't her fault she wasn't put on the assessment and her old work coach didn't tell her either, I just wanna be clear as it not like she's had to wait long it's just due to not being put forward, system error was what her work coach called it 
  • foxxxizfoxxxiz Member Posts: 4 Listener
    If it's a system error and shes been handing in sick notes since 2018 they will backdate it to 3 months after first sick note so around oct 2018
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,940

    Scope community team

    Hi @HORTZ. As long as there has been no break in the fit notes she's been handing in, it should be backdated to 3 full assessment periods after her first fit note. 
    Senior Community Partner
    Scope

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  • chanylane1234chanylane1234 Member Posts: 2 Listener
    Hi I know this post was a while ago but wondered if someone could help me , my friend has just been awarded LCWRA we received the acceptance letter in his journal on the 22nd of February his first payment is always due on the 1st so it’s been included in his next payment , on his letter it’s says any money owed will show within 7 working days I’m just wondering if this still applies as nothing is showing up on his first payment , due to his condition he was handing in sick notes straight away his first was handed in 7th June 2019 right until now he was sent the paperwork for his assessment which was sent in November and had his meeting in February 2020 so 10 days from assessment his been awarded and first payment coming 1st March. Anyways is any money owed still I was thinking he would still be owed 4 months money but as I say nothing is showing on his first payment? Thanks any help appreciated
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,940

    Scope community team

    Hello @chanylane1234
    The backdated payment is issued separately to his normal payment so won't show on his upcoming statement for 1st March. However once they've awarded his backpay they should send an underpayment letter on his journal and his past statements will be amended to include LCWRA. 

    Does his 1st March payment include the £336.20 LCWRA element?

    It may be worth him giving them a ring or adding a note to his journal to give them a nudge and ask them if they've managed to look at his backpay yet.
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • chanylane1234chanylane1234 Member Posts: 2 Listener
    Hi @Adrian_Scope thank you for your reply yes the payment for the 1st of March includes his new payment of £336.20 
    was just confused it didn’t include any back payment but if you say will be separate I’ll just give it the full 7 working days and give them a bell hopefully gets something but even not I’m glad his case has been awarded pretty quickly considering what I’ve been reading on here with others thanks so much for your help 
  • JAYYYJAYYY Member Posts: 2 Listener
    Hi, I wanted to ask a question in regards to LCWRA, I've been off on long term sickness since JUNE 2019. I applied for UC in NOVEMBER 2019. I was sent a work capability assessment form however I was told I didn't have to complete it because I'm currently going through the PIP (personal independence payment) assessment. Once I'm accepted for PIP they will be notified on the system and I should automatically receive LCWRA. is this correct?
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,940

    Scope community team

    Hi @JAYYY and welcome to the community.
    I'm really sorry, but who ever told you that was incorrect and has misadvised you.

    PIP and UC/LCWRA are entirely different benefits and don't interact in that way. Being eligible for PIP doesn't not entitle you to LCWRA. 

    You need to fill out the UC50 form and return it and be assessed under UC to be considered for LCWRA. This is because PIP is about extra care needs and UC LCWRA/LCW is about your ability to work. People can work full-time and still claim PIP.
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • JAYYYJAYYY Member Posts: 2 Listener
    Hi @Adrian_Scope 

    Thank you I understand fully now thank you for the information I will fill out the form today thanks.
  • ljsljs Member Posts: 2 Listener
    I first claimed uc in May 2016 which i also had a sick note as i have asthma/copd (acos).  I have provided sick notes right up till dwp told me i didnt need to issue them no more which was in December 2019 as i was awarded LCWRA. They backdated my payment to june 2019 which was when they sent me the forms for a health assessment. I had waited over 3 years for a assessment when ive read in gov.co.uk that i shouldve had an assessment when i first claimed as i provided a sick note. Should my backdated payment go back to may 2016?
    Ive also now been awarded the enhanced mobility rate and standard living rate for pip 
  • spamdogspamdog Member Posts: 5 Listener
    Hi, hopefully someone can help. My partner and I are on a joint uc claim and he receives new style esa which is taken off our uc. I work but he is sick. Iast week I asked if we are entitled to lcwra, they sent a letter to journal yesterday saying we are entitled to lcwra. My question is as the first sick note was put in August 2019 then stopped when we were told to, will we get back dated to december 2019? (4th month after first sick note) it just says on the letter 'if we owe you any money we will let you know when you will get it.' Thanks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    spamdog said:
    Hi, hopefully someone can help. My partner and I are on a joint uc claim and he receives new style esa which is taken off our uc. I work but he is sick. Iast week I asked if we are entitled to lcwra, they sent a letter to journal yesterday saying we are entitled to lcwra. My question is as the first sick note was put in August 2019 then stopped when we were told to, will we get back dated to december 2019? (4th month after first sick note) it just says on the letter 'if we owe you any money we will let you know when you will get it.' Thanks 
    Hi,
    You've posted on the end of an extremely long thread, which causes confusion. Starting your own thread would have been better.

    How much backdated money he's owed will depend on the dates of your UC assessment periods, what date you sent the first fit note and whether there were any gaps in those fit notes? LCWRA element is paid from the 4th assessment period because it has to be 3 full assessment periods before it's paid.

    I'm not sure what you mean by "stopped when we were told to"

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • spamdogspamdog Member Posts: 5 Listener
    Hi poppy,
    Sorry about that, it's my first time posting so wasnt sure what to do lol, sick notes were being sent in for months then we were told by uc we didnt need to send them anymore when we applied for new style esa. They've used the esa work capability decision to decide on lcwra. 1st sick note August 14th 2019 our assesment period is 7th to 6th of each month. 
    Thanks for reading.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When did the claim for UC first start please?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • spamdogspamdog Member Posts: 5 Listener
    I think I got confused,when I rang uc yesterday the man told me 1st sick not was sent in August 14th,now looking back on my journal to see when claim started it was actually August 14th 2018 claim started August 2018 too since then my partner has gone in and out of work due to illness but we stayed on the claim. Been off since oct 2019 sick notes sent in again since then, was told to apply esa and no more sick notes needed.sorry for so much confusion. I hope this makes sense. The reason for his illness whilst in and out of work is the same illness it's just worse now.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This doesn't make sense, sorry. You said your assessment period is 7th  to 6 th. Then you said your claim started 14th August but it couldn't have because your assessment period starts from when you first claimed and last for 30 days. Anyway, LCWRA is paid from the 4th month but it must be 3 full assessment periods.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • spamdogspamdog Member Posts: 5 Listener
    The claim is from the 7th august the first sick note is from 14th August 2018. Since then hes gone into work and back out. This time off since october 2019 lcwra awarded last week. X
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    2018? in a previous comment you said 2019. As it was last week he was awarded then he should receive the backdated money soon. He will just have to wait for that and if he thinks it's not correct please come back.

    The ESA Support Group amount is paid from the 14th week of the claim, just so you're aware. Slightly different to UC.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • spamdogspamdog Member Posts: 5 Listener
    Sorry for the confusion, thanks for your help. I'll wait and see what happens x
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