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Backdateing

krisskriss Member Posts: 7 Listener
edited March 2019 in Universal Credit
Hello everyone
I was on pre assessment bases ESA last may and then was advised that universal credit goes live in June 2018
i applied and started the process before completing my work capability assessment with the DWP
The problem i have is, i continued to supply fit notes but was never asked to have an assessment.
I was not told to do any job search or go to meetings, i was unable anyway.
i had to initiate the work assessment in February this year as i wasnot aware there was an additional element i could be claiming.
Am i entitled for it to be backdated to last year as i have just heard it has been aproved but still to be adjudicated.

Replies

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

    I'm not sure why you were previously advised to claim UC because at the time an area going live would not have prompted a move to UC.

    Providing there wasn't a gap of more than 1 month from your ESA claim ending to starting your UC claim then the assessment period time will include the time you were claiming ESA for. For example, if you were claiming ESA for 5 weeks before claiming UC then this time will be added onto the UC "waiting period" This period is 3 month under UC rules.

    If you're awarded LCWRA then you'll be paid the extra £328 per month from the 4th month of your claim.

    If you're awarded LCW then there won't be any additional payments because your claim for ESA started after April 2017.


    Taken from the above link. Scroll down to migration and limited capability for work paragraph 3.

    What if the claimant was still in the assessment phase when s/he migrated to UC? S/he is not treated as having limited capability for work. The rules provide that as long as s/he was entitled to old-style ESA (ie, on the basis of the medical certificate), the assessment phase period is adjusted. The result is that the ‘relevant period’ before a UC limited capability for work element is eventually included (where it still can be included) is 13 weeks from when ESA entitlement started. If the assessment period had already lasted for more than 13 weeks, there is no ‘relevant period’ to be served at all.11




    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.
  • krisskriss Member Posts: 7 Listener
    Thank you for that advice.
    i didn't want to complicate the question but before I moved to UC i had to make a child tax credit application as my 2 children wanted to live with me rather than their mother.
    I made a written application only to be sent a text on the 11th June saying it could not be completed in time as it would overlap with UC which was starting on the 13th June hence the problem with my ESA.

    One more question if i may, how long after aproval from the assessor does it take to start getting the enhanced part of UC.
    Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Once the report has been returned to DWP then it will be sent to a decision maker to make a decision. There's no timescales to decisions, backlog is just part of the reason a decision can be delayed.

    May i asked if you've received a copy of the assessment report?


    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.
  • krisskriss Member Posts: 7 Listener
    No i haven't yet.
    I sent it to Nottingham and they said they returned it to UC to a decision maker, thats it.
  • krisskriss Member Posts: 7 Listener
    Hello everyone
    i need some advice
    last april i was on esa  . i transfered to  uc prior to my assessment for work capability.
    I was not told to continue with my assessment as the details say thay uc encompasses esa.
    The point is i recieved wcra after a 10 month wait for an assessment but they have not backdated because thy said i should have completed my wca ven though i had transferred over to UC.  Are they right? can i appeal this decision with any facts or detail.
    Please help as thier is over 6 months differencein the backdate.

    Thank you

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