I'm in LCWRA group but not receiving payment

System

This discussion was created from comments split from: Can LCWRA be backdated?.

kateeagle

Hi can anybody help me with my predicament please.

i have claimed ESA from February 2019, I had my assessment in September and got a letter at the end of September to say that I have been placed into the support group back dated to 25/06/19. 

At the end of august I put in a claim for UC and was made to go to the job centre to ‘look for work’ even though I am genuinely unable. My ESA payments are being taken off my UC amounts and I have been placed into the LCWRA group from 5/09/19. My pay statement has come up today and I’m getting a lot less as I now get the ESA enhancement for the support group but there is no LCWRA payment. I have messaged on my journal and got a very rude response to say that she has just sent it to a decision maker. I’m now very confused.. I’m in the LCWRA group, my commitments have changed and I no longer have to go to the job centre  but it’s going to assessment for he payment ? Can anybody shed some light because this is all very confusing ?

Adrian_Scope

Hello @kateeagle and a warm welcome to the community. 

It's difficult to see why this has been sent to a decision maker. Now you have a determined award for ESA, this should be in payment on your UC claim as LCWRA. As your support group status under ESA has been backdated to 25/6/2019, it should also be backdated to the start of your UC claim. 
On your breakdown, are they deducting money because of your ESA and is there no mention at all of LCWRA?

kateeagle

Good morning thank you for your reply ☺️

Yes they are taking ESA off my award, my commitments are LCWRA and I have 2 messages in my journal stating that I am In that group from 5/9/10 (I’m not sure why they have chosen this date either). So in short yes my claim is LCWRA but they are sending it to a decision maker for payment. There is no LCWRA on my payment breakdown. 

Chloe_Scope

Thank you for updating us @kateeagle!

System

This discussion was created from comments split from: Can LCWRA be backdated?.

Adrian_Scope

Hi @kateeagle, this doesn't sound right at all. 
Any backdating should possibly go to a decision maker, but it shouldn't need to for them to put it into payment.
Is there anyone else on your claim? The only time I can think that LCWRA wouldn't be in payment is if a partner on the claim already has LCWRA. 

kateeagle

Thanks again for your response, I got a response from the decision maker to say that I am in the LCWRA group and I enquired about backdated payment on my journal, I was told that I would have to wait the 3 month assessment period. I’ve challenged this and asked why I have to wait for payment but they put me into that group based on my ESA assessment period and they’re looking into it and getting back to me. It seems like they are willing to use the ESA to award my LCWRA but not use it to pay me what I’m entitled to. I have been on ESA since February this year. No other person on my claim that is claiming disability benefits, just my husband who claims carers allowance. I hope that all made sense 

Adrian_Scope

That makes perfect sense @kateeagle, thank you. As your award for ESA has been determined, there is no wait period under UC, it should just transfer and be in payment, so I'm not sure why they advised you that. You could try and remind them that Regulation 19 applies to you here, and as well as your Support Group status being moved over as LCWRA, there should be no wait period and this should be in payment.

Hopefully the decision maker will see this quickly and they will sort it for you without any further delay.

Best of luck and please let us know how you get on. 

poppy123456

The ESA assessment period wouldn't have been used to award you LCWRA, the work capability assessment process will have done that.

The decision maker will check the start date of your ESA claim. Are you still claiming the New style ESA as well as UC?

kateeagle

Hi yes poppy123456 that is what I mean I’ve already been through the assessment phase and had my decision to place me in the support group, and yes New style ESA.

 Thank you Adrian_Scope I will be sure to look into that and mention it if needed. 

kateeagle

Adrian_Scope do you know if regulation 19 applies to me given these circumstances;

-my 13th week on new style ESA was 25th June 
- I was not assessed until 16th September 
- I was backdated support group to 25th June 
- my UC claim started on 27th august 
- my decision from ESA to place me in the support group was given around 3 weeks ago

poppy123456

Thanks for that extra information, this makes more sense now and is most likely the reason for it going to a decision maker. When you started your claim for UC you didn't have LCW which usually means that the 3 month waiting period would usually apply. If the decision hadn't taken as long for ESA then you would have had LCW when you applied for UC.

As there's no timescales for decisions and work capability assessments do often take longer than the assessment waiting periods, whether they will backdate you the LCWRA will be down to a decision maker to decide. Hopefully you won't be waiting too much longer.

Adrian_Scope

Hi @kateeagle. It should still apply. It's my understanding that because your award has been backdated to before you claimed Universal Credit, it means you were technically in receipt of ESA Support Group before you claimed UC. This is why they've already put you in the LCWRA group. Hopefully a decision maker will see this and rectify the payment side for you quickly.

kateeagle

Thank you Adrian_Scope, that was exactly my take on it and what I have explained to them. I’ll update when they get back to me