Universal Credit
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Limited Capability Awarded But Back date is questionable

CMABCMAB Member Posts: 8 Listener
I have been handing in sick notes since 30 October 2018.
I did not get an assessment for over a year, and was awarded LCWRA FROM August 2019. after finally having assessment on 3rd January 2020
Because In july 19 I changed my claim from sole claimant to joint with my partner. And there was no break in my claim for universal credit.
I believe I should be awarded from date of handing in sick notes and not from when my claim changed to Joint as I have never missed a date. My assumption would be that I would be entitled from January 2019 approximately meaning my back date would be substantially more of 12 payments as opposed to the back date of £336 they are currently giving me. anyone any advice? I have contested it but looking for support around this thanks in advance

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    How much backdated money you're entitled to will depend on when your assessment period runs from because there's a full 3 month waiting period. This means that the LCWRA element isn't paid until the 4th assessment period.

    May i also check this, you said you  was awarded LCWRA FROM August 2019. after finally having assessment on 3rd January 2020, that doesn't sound correct. When was the actual decision made please?

    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.
  • CMABCMAB Member Posts: 8 Listener
    edited January 2020
    Decision was made today. I originally began handing sick notes from October 2018 on the 30th and have continued to do so till today. They are suggesting I handed notes in from august after my claim went from sole to joint which happened in July, however I was handing notes in on sole claim all the way through. There was no break in claim i simply added my partner on which has triggered the waiting period to begin again. The person I spoke to at DWP Today agreed he would expect the same in my situation and has raised the mandatory reconsideration on my behalf
  • CMABCMAB Member Posts: 8 Listener
    edited January 2020
    As a timeline understanding 

    October 30 2018, began handing in notes triggering assessment waiting period of 14 weeks, to Jan 2019 when LCWRA should begin.
    July 2019 I went from sole claim to joint after my girlfriend moved in with me, which has triggered the waiting period to start again 
    November 2019 invited to WCA IN January 2020
    janiary 2020 attended WCA
    January 2020, I am awarded LCWRA Benefit. 

    I Have handed in notes that whole period, and my illness didn't change during this period except my circumstances as someone moved in my analysis would be that I am entitled from Oct 30th 2018with payment backdating to Jan 2019. If I am being silly please tell me but I feel for once in my life I am correct.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The assessment waiting period is not 14 weeks for UC as i advised above in my previous comment, for UC it's a full 3 month waiting period but when that waiting period begins will depend on when your claim for UC first started in 2018, this will determine your UC assessment period.

    When i mention assessment period, i didn't mean the time you need to wait for the LCWRA element to begin. The assessment period here runs for each month of your claim and then you'll receive your money 7 days after that ends.

    Therefore my question is when did your claim for UC first start in 2018? From that date i can work out what your assessment period is.
    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.
  • CMABCMAB Member Posts: 8 Listener
    Also 30th october
  • CMABCMAB Member Posts: 8 Listener
    edited January 2020
    My claim
    Started the same date as my sick notes
    I was on JSA with no esa or any additional benefit and was pushed to uC when I went in with sick notes
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks for that. This means that you will be owed backdated money from your February payment. Even though there's a 3 month waiting period because UC is paid in arrears you receive first payment on the 4 month of your claim. My opinion as there were no breaks in your claim then yes you should definitely be owed £336 per month from February 2019, which is 10 months.  Hope this helps.
    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.
  • CMABCMAB Member Posts: 8 Listener
    Thank you. The man at the DWP said January also so if say that's 12 as we are in january. But thank you for your help,  appreciate it
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problems. As your claim started on 30th October 2018 then it will be paid from February.
    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.
  • CMABCMAB Member Posts: 8 Listener
    Thank you for your advice Poppy, o have spoken to the DWP, and it is with a Decision maker on if they will backdate it, but now they are suggesting they are going to keep the LCWRA element to clear Tax Credit debt which is already been paid off monthly, is there anything I can do to prevent this? If they didn’t delay sending me to the assessment I would of been paid it direct to my account but since it’s delayed they are going to swallow it, meaning I won’t receive any as my tax credit debt outweighs any backdate. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem. No, i'm afraid there's nothing you can do because if you are owed backdated money they can use all of that to pay off a debt, unfortunately.
    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.
  • CMABCMAB Member Posts: 8 Listener
    I have more question, so they sent me a letter saying I have been awarded a backdated amount of 1 month. and because my girlfriend moved in they are saying that my back date would only go to the period after my.partner moved in, despite handing in notes for a longer period when claiming U c seperately. 

    Here's an timeline

    30Oct 2018 first fit note handed in, continuously handed notes in until June 2019 when my partner moved in,and continued to hand them in after adding her to my claim. I had the assessment as mention ed Jan 3rd 2020. So I have asked them to take another look at it. Do you think I'll be entitled from first handing notes as opposed to when my partner moved in. And how long does it take to have another look as they called it on the phone? Thanks in advance
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It should be backdated to February 2019 providing there were no gaps in your fits notes as previously advised unless they have taken the rest of the money for the debt you mentioned.
    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.
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