Can universal credit keep my backdated lcwra

shan81

I been claiming universal credit since march I have handed sick note in since April I received uc50 form in July I sent this back heard nothing from them I got in touch in September to see why I hadn't had a appointment for a medical assessment they said they never receive the form back witch was a lie as they wrote to my doctor in August saying I had put a claim in for UC and they want some more info doctor replayed back I then got a new form fill that out and got an appointment for a medical assessment for Nov I received a message in journal a few days saying I was being place in lcwra group they have told me my lcwra is awarded from July so they owed me 4 month lcwra but they stating i have to have anither medical in 12 month but there keeping the 4 months lwcra and I can have my medical in 16 months surely they do this 

poppy123456

Hi and welcome,

That's correct, LCWRA is not awarded from the time you sent your first fit note. This is because there's a 3 full month waiting period from the time you sent your first fit note. This means that you don't receive your first payment until your 4th assessment period because UC is paid 1 month in arrears. When you receive it from will depend on what dates your assessment period are and when you sent your first fit note.

For the work capability assessment you can be re-assessed anytime from 3 months so timescales really don't mean anything at all, unfortunately.

shan81

Yes they explain that to me on the phone they said they owe me 4 payments of lcwra activity but are not paying me a penny of it they gonna keep it and let me have anither assessment in 16 months instead of 12 months so I won't get any back dated money even tho I waited since April that wrong I'm sure 

shan81

So basically they saying I should of been in lcwra from the 1st of July as that when the 13 weeks are up but they not paying me July aug sept Oct lcwra even tho it was march I hand sick note in note apri like I wrote surely I should get a payment somewhere back dated they said themself they do owe me it nearly 9 months it's it's taken from handing sick notes in 

poppy123456

There's another thread on here with another person saying exactly the same thing but it's definitely not correct! How much they owe you will totally depend on when you sent your first fit note and when your assessment period is. It's not 13 weeks, like ESA used to be but the waiting period definitely doesn't start from when you were awarded LCWRA.

shan81

I handed first sick note note 28 march 19 my assessment is from the 1st of every month to the end of month 

shan81

And they say they not paying me any back date payments I can have a medical in 16 months instead of 12 months never heard of anything like this happening before sound like they making there own rules as they go along 

poppy123456

Who ever told you that is not correct. See this link and scroll down to F5030. I'd advise you to put a note on your journal quoting the ADM F5030 which states that LCWRA is paid from the 4th assessment period. It's NOT added onto your award at the end. This makes no sense at all because the LCWRA has no end date, it's an ongoing award and you can also be re-assessed anytime from 3 months. The timescales don't exist for this very reason.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661568/admf5.pdf

diane1981

Hi I'm going through the exact same issue with them right now. I was told the same that it would be deferred for 16 months instead of 12. I contacted money matters who told me the same as poppy, this is complete nonsense and they cannot do this. So please go to cab, money matters, welfare rights to get them to fight on ur behalf

poppy123456

diane1981 said:

Hi I'm going through the exact same issue with them right now. I was told the same that it would be deferred for 16 months instead of 12. I contacted money matters who told me the same as poppy, this is complete nonsense and they cannot do this. So please go to cab, money matters, welfare rights to get them to fight on ur behalf

Did you put a note on your journal quoting the ADM F5030 as advised on your other thread? Quoting this guide (link above) may give them to kick up the backside they need. I've never heard of such ridiculous nonsense, they are making the rules up as they go along.

diane1981

I'm waiting on welfare rights getting in touch as there's a Mr going in regarding the esa. As I've been lied to on numerous info from them

shan81

I never heard anything so stupid I'm got a money advice woman calling round this morning she said she never heard anything like it DWP told me they owe me 4 month lcwra but not back dating it all in all I've been handing sick note in to them since march they reckon I never sent uc50 back they never notified me to tell me this I had to contact to ask why I haven't had an appointment for assessment they said they receive form back in August witch they did cause they wrote to my doctor in August it in my medical notes so they sent me another out and got an appointment Nov but keeps us updated how you got and I will do the same hopefully get it sorted 

shan81

Just an update been in touch with money advice team they saying they can't do that going seeing them on Monday there gonna help me sort this out she said it totally wrong who ever gave me that info she never heard of this happening to anybody else said it's totally wrong 

diane1981

Just a thought but where abouts r u from shan. I wondered if its poss2were being told the same info from the same area call centre. Mines was glasgow

shan81

No mine Manchester 

Adrian_Scope

It's so frustrating you're both going through this @shan81 and @diane1981. It's very obvious they're wrong on this matter. I hope you both get it sorted and receive your back payments soon. 

diane1981

Thanx Adrian just unfortunately that the extra money we should be owed won't be here in time for Xmas which would have came in handy to get my wee boy some extra treats and made the house more Xmas looking.  

Adrian_Scope

Hi @diane1981. Have have you tried sending the message @poppy123456 and @SarahUCE gave you to your journal?
I’ve seen them move quite quickly on calculating back pay when given the right guidance and nudging, so it’s worth a try.

diane1981

I didn't want to put anything up incase it interfered with the welfare rights appealing on my behalf. I'm guessing when I state to them about the esa mr the caseanager would say its nothing to do them and that's a seperate issure

poppy123456

Sorry i'm confused, is the MR for the ESA decision made in July or for the decision not pay you LCWRA until 4 months after the decision to place you into that group?

Either way, there's no reason why adding that message onto your journal will harm anything other than prove that what you were advised about the LCWRA is incorrect. Please add that message onto your journal with that quote asking them to look at  ADM F5030 which clearly states that the LCWRA waiting period starts from when you sent your first fit note and not from when the decision's made.

diane1981

There is a mr going in regarding the wca on my esa as I was told at the time I had to claim uc as I failed the assessment.  Welfare rights r hoping to win the mr decision which would mean my award for lcwra would have came into place in July when I 1st provided sick notes so the 3 months waiting period wouldn't have came I to place.  They have basically took me off esa sayin I was fit for work then 3 months later said I was unfit for work and placed me in lcwra on uc and then my 1st payment wouldn't be til April 2020.