Lcwra payments

diane1981

I've got Money matters and welfare rights on the case with this. There also saying I should have appealed (Mr) with the esa decision back in july. I'm just wondering would I be worst off back on esa. I was getting £127 per week on support group. But with uc and lcwra it's £317 plus £336 per month.  I'm assuming u don't lcwra on top of esa

poppy123456

I'm glad you're getting some help with this.

Regarding the ESA decision back in July. Even if you did appeal that decision and won, you won't ever be able to go back onto ESA because you claimed UC. What would happen if you did win at MR or Tribunal stage is that because it would haven't meant you had LCWRA when you started your UC claim then you will be owed money from the start of your claim, rather than having to wait 3 months for it to start. Definitely worth requesting the MR.Tribunal for that decision because you have nothing to lose by doing so.

diane1981

So would I get my esa payment and uc basic amount together. I confused 

poppy123456

No, not if your ESA was all Income related because you claimed UC and you can't be paid both. If part of your ESA was Contributions based then you'll receive that but it will be deducted £1 for £1 from your UC payments.

The only advantage to appealing the ESA decision will be they will owe you backdated money because the 3 month waiting period won't apply to you.

diane1981

This is where its really confusing. I was getting income based esa at £127 per week. But on universal credit I get £317 plus £336 per month so roughly 150 per month better off. I can't work out how much they would deduct of my esa off my uc so what my new payments would be

poppy123456

When working out the figures for Income related ESA as monthly payment, it's £550 per month. £127 x 52 = £6,604 divided by 12 = £550.

UC standard allowance over 25's and LCWRA is £653 per month. This means that claiming LCWRA under UC you're £103 per month better off.

If all of your ESA was income related then you won't be entitled to any ESA even if your appeal was successful because you already claimed UC and you can never go back.

If part of your ESA claim was Contributions based then you will go back onto that at £111.65 per week. You will then receive a deduction of £483 per month from your UC amount because CB ESA is £111.65 per week x 52 divided by 12 = £483 as a monthly payment.

ESA will pay you £111.65 per week and you would receive £170 per month UC. Hope this helps.

diane1981

Thanx that helps. I was getting full income related esa as it was £127 per week.  So even if my Mr was successful and I can't go back onto esa would the shortfall from July be backdated and I now go onto the uc and lcwra payments

poppy123456

You're welcome.

You won't be able to go back onto ESA even if your the MR.Tribunal was successful. You would be entitled to the LCWRA from the start of your UC claim, rather than having to wait 3 months like you are now. This will be because DWP's decision to find you fit for work was incorrect.

If you do decide to request the MR then i'd definitely mention that you're now claiming LCWRA for UC after being found fit for work for ESA in July, providing your conditions haven't  changed since the decision was made on your ESA work capability assessment then this may go in your favour.

diane1981

I sent the note u gave me about reg 28 f5030. I copied and paste exactly what u wrote and his reply was if I feel my date were I've to raise a mr 
He's as much use as a chocolate teapot ! 

poppy123456

disgusting! I'm sorry that you're having to deal with all this!

Adrian_Scope

That's ridiculous @diane1981! Have you spoken to Welfare Rights any more about this?

diane1981

** update **
Welfare rights got the equality team within the job centre involved who called the case manager only to believe he got a telling off and explained the rules of uc in which my payment was in the bank within an hour. However would u believe they have gave me an overpayment of £1000, they have paid me since July the start of my claim and not November which would be after the 3 month assessment period. I asked the the cm to explain this as I believe its a mistake and an overpayment to be told no it's not a mistake. 

poppy123456

I'm glad they finally seen they were wrong. regarding the overpayment of £1000, did you request the MR on your work capability assessment decision for ESA? If you did then they may have changed that decision, if they have then as advised previously you will be paid LCWRA from the start of your UC claim because there will be no waiting period because you would have already had LCWRA at that time.

Adrian_Scope

Hi @diane1981.
That's excellent news, I'm glad they've finally resolved this. Thank you for updating us, it gives hope to the others having the same fight for the correct backdating. 

diane1981

Poppy, I didn't put in a mr.  Welfare rights said if it didn't do in my favour they could then question the lcwra award which I wasn't willing to take the chance on.  I wondered if they have done it that way regardless of no Mr.  When I said I didn't think the payment was correct I was told to refer to the letter in which it states the underpayment was backdated to July which means I don't have the 3 month assessment period. I'm thinking of putting the money by as knowing my luck 6 months later I'm gonna get a letter saying I owe them it back

poppy123456

Very strange. If it does become an overpayment they won't ask for it back as one lump sum, it will be taken monthly from future UK payments.

diane1981

That's what I don't want to happen, I'd rather have it sorted now

diane1981

Surprise surprise we have an overpayment letter to download. That case manager needs fired. He hasn't gave me 1 correct bit of advice yet

Adrian_Scope

That's appalling. I'm so sorry @diane1981. It sounds like your case manager definitely needs training!
They can take it back from your payments in instalments or you can call the debt recovery department and pay it in one go if you'd prefer. 
I'm sorry they keep messing this up for you.

poppy123456

I had a feeling that may happen. I agree, he needs training!