UC benefit cap

sarahxp100

Hi, Ive just been awarded lcwra me and my partner have been affected by the bebefit cap since our UC claim from May iam just wondering that now i have been awarded lcwra will they back date the benefit cap money as ive had doctors notes from the start of my claim

poppy123456

HI,

Great news on the LCWRA. You will receive the extra money from the 4th full assessment period starting from when you sent in your first fit note. Any further money owed should also be backdated to the same time the LCWRA is paid from.

sarahxp100

Thanks for answering will i also get the money back dated from the benefit cap they have been t\aking off us since our claimed started in may do you know?

poppy123456

You're welcome. No, i'm afraid you won't  receive it backdated to May because of the 3 month waiting period.

fatherinpain

@poppy123456 Just a thought about the cap we are not capped because of pip should that be back dated till start of pip

poppy123456

fatherinpain said:

@poppy123456 Just a thought about the cap we are not capped because of pip should that be back dated till start of pip

No because If you're not affected by the benefit cap then there's nothing to backdate.

fatherinpain

we started receiving non capped money after pip decision was made which was nearly 5 months after start of claim. So the question would be in those 5 previous months from start of pip claim should uc have been capped or is there backdated payment to be claimed

poppy123456

fatherinpain said:

we started receiving non capped money after pip decision was made which was nearly 5 months after start of claim. So the question would be in those 5 previous months from start of pip claim should uc have been capped or is there backdated payment to be claimed

Any money owed should have been backdated. https://www.gov.uk/benefit-cap

fatherinpain

Interesting ? 

sarahxp100

i was just wondering if now i hae been awarded LCWRA would the money they have taken off us for benefit cap because we claim for 3 kids aswell would that be backdated

poppy123456

sarahxp100 said:

i was just wondering if now i hae been awarded LCWRA would the money they have taken off us for benefit cap because we claim for 3 kids aswell would that be backdated

As i previously advised, it will only be backdated from the start of the LCWRA award, It won't be backdated before that because of the 3 month waiting period. Even though you have now been awarded LCWRA the 3 month waiting period still applies and during that time you didn't have LCWRA, which will mean the benefit cap applied to you during that time.

sarahxp100

thanks, my first sick note was from 16th of may and i was awarded lcwra on 20th november so they might owe me a bit, sorry for all the questions its the first time ive claimed anykind of benefit it all gets very confusing

poppy123456

No problem. Potentially you'll be owed 2 months of LCWRA element which is £336 per month plus the benefit cap difference but it will depend on when your assessment period is.

I note that you have 3 children, if one of them was born after April 2017 then you won't receive any money for this child.

sarahxp100

my assesment period runs from 29th oct to 28th nov and all my kids were born before the date you stated, thanks again for your input it makes sense now

Chloe_Alumni

Really glad @poppy123456 was able to help you here @sarahxp100. How are you doing?