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Back dating llimited capability for work and work related activity

joemarch83joemarch83 Member Posts: 5 Listener
edited January 2020 in Universal Credit
I have been handing in sick notes at the job centre since march 2018 while claiming universal credit due to an injury from a crash.i had my fit for work assessment about 6 weeks ago and have just received a letter in my journal saying as a result of the assessment I've been awarded limited capability for work and work related activity.
Does anyone know if I will be backdated any money?and if so would it be from june/july 2018?or am I only entitled to the extra money from now on...
Thanks in advance

Replies

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

    I'm one of the community champions here on scope and i'm here to help and advise others.

    It will depend on when your assessment period is because there's a full 3 month waiting period and then your LCWRA element is paid from the 4th month of your claim because UC is paid in arrears. Have you also be sending in fit notes constantly without any gaps?
    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.
  • joemarch83joemarch83 Member Posts: 5 Listener
    Yes I've been sending fit notes since march 2018 with no gaps
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2020
    Thanks but you still haven't answered the other question. When is your assessment period?  and what date did you send your first fit note.
    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.
  • joemarch83joemarch83 Member Posts: 5 Listener
    I'm not sure what you mean by assessment period.i first started sending sick notes early march 2018
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Everyone that claims UC has an assessment period each month and you receive your money 7 days after that ends. Each persons assessment period depends on when they first claimed UC.

    Early March 2018 doesn't help me because i'll need an exact date otherwise i can't help you to work out how many months money you're owed.

    The reason i'm asking those 2 questions is because the waiting period is 3 full months of assessment periods and not 3 months. This means that if you send your first fit note in the middle of your assessment period then that month doesn't count.
    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.
  • joemarch83joemarch83 Member Posts: 5 Listener
    I dont need an exact date I'm just asking if it will get backdated to when I first started sending in sick notes in march 2018 minus the 3/4 month waiting period.
    Or an I only entitled to the extra money going forward
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's backdated but you did also ask when is it backdated to.
    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.
  • joemarch83joemarch83 Member Posts: 5 Listener
  • Martin2019Martin2019 Member Posts: 33 Connected
    No no it’s not back dated - it’s. 3 month wait you need to confirm with UC - message them on your journal. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2020
    No no it’s not back dated - it’s. 3 month wait you need to confirm with UC - message them on your journal. 

    That's not exactly correct, sorry. If a claimant has waited longer than the "3 month waiting period" then you'll receive backdated money, as advised, if the decision is LCWRA.
    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.
  • LEEDScbLEEDScb Member Posts: 4 Listener
    I am in same scenario. Been handing notes since Oct 30th 2018.

    i was awarded it in January 2020.

    but only got 1 months backdate, as my partner moved in with me whilst I was still handing in notes.I have had to ask them to reconsider the decision as I think I should be entitled back to January 19 but we shall see. Asked for a reconsideration 2 weeks ago tommorow. Hope they come up with something
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,997

    Scope community team

    edited January 2020
    Hi @LEEDScb. It's more difficult for them to calculate as when you join (or split) a claim it basically acts as a new claim. You probably noticed all the journal history and statements were wiped? But you should still be entitled to the full backdate. I hope they sort this out for you quickly. 
    Senior Community Partner
    Scope
  • JTC88JTC88 Member Posts: 6 Listener
    Can someone please help, I've been claiming UC since 2017. And I was recently awarded pip but I have been signed off from UC since the beginning of my claim. I have not needed to hand it sick notes for at least 2 years. All im wondering is am I entitled to back pay from when I got signed off from my last medical which was in 2018. 
  • calcotticalcotti Member Posts: 2,132 Pioneering
    JCT88, being awarded PIP makes no difference to your entitlement the LCWRA element of UC. As you were handing in Fit Notes you would have been referred for a Work Capability Assessment which determines whether or not you have LCW or LCWRA. The fact that you have not been required to hand in Fit Notes indicates that that took place and a decision was made. If the decision was that you have LCW then there is no extra money, if it is LCWRA then there is extra money. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • JTC88JTC88 Member Posts: 6 Listener
    So if they decide to put me on LCWRA then my money will be increased and I will receive a back pay?
  • calcotticalcotti Member Posts: 2,132 Pioneering
    JTC88 said:
    So if they decide to put me on LCWRA then my money will be increased and I will receive a back pay?
    If as a result of a WCA you are found to have LCWRA then you are entitled to the LCWRA element. Your WCA was presumably a couple of years ago and if you have not been getting the LCWRA element that is presumably because you were found to only have LWA. There would have been a decision recorded on your UC journal at the time.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • JTC88JTC88 Member Posts: 6 Listener
    Yeah Ive looked in my journal and I was put into the LWC group. But I had a medical assessment the other day and I am hoping to be placed into the LCWRA group so if I get placed into the LCWRA group will I receive any backdated pay? 
  • calcotticalcotti Member Posts: 2,132 Pioneering
    JTC88 said:
    Yeah Ive looked in my journal and I was put into the LWC group. But I had a medical assessment the other day and I am hoping to be placed into the LCWRA group so if I get placed into the LCWRA group will I receive any backdated pay? 
    If you get put into LCWRA as a result of a new WCA initiated by DWP you will only be entitled to the LCWRA element from the date of the new decision.

    If the new WCA was a result of you telling them you had got worse then, I think, the LCWRA element would be backdated to the date you told them.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • JTC88JTC88 Member Posts: 6 Listener
    I've been on UC since 2018, produced fit notes for a short period and was placed into the LWC band of the benefit. I recently got awarded pip less and UC got in touch with me asking me to do an assessment which I did yesterday. But my question is how much back pay will I receive if I am placed into the. LWRA band 
  • calcotticalcotti Member Posts: 2,132 Pioneering
    edited March 11
    JTC88 said:
    I've been on UC since 2018, produced fit notes for a short period and was placed into the LWC band of the benefit. I recently got awarded pip less and UC got in touch with me asking me to do an assessment which I did yesterday. But my question is how much back pay will I receive if I am placed into the. LWRA band 
    As already advised if you get found to have LCWRA, as this is a DWP initiated review, you will be entitled to the LCWRA element from the date of the decision.

    It’s worth £341.92/month.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • JTC88JTC88 Member Posts: 6 Listener
    But when is the date of the decision decided that's what I want to know please. 
  • calcotticalcotti Member Posts: 2,132 Pioneering
    JTC88 said:
    But when is the date of the decision decided that's what I want to know please. 
    There is no fixed timescale. You said you have had the assessment, now you have to wait for the decision.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • JTC88JTC88 Member Posts: 6 Listener
    Hi, so if I get awarded LCWRA will I get a backpay dating from 2018? 

  • MarkN88MarkN88 Member Posts: 1,221 Pioneering
    JTC88 said:
    Hi, so if I get awarded LCWRA will I get a backpay dating from 2018? 

    No. 
  • WeepingWillowWeepingWillow Member Posts: 20 Courageous
    JTC88 said:
    Hi, so if I get awarded LCWRA will I get a backpay dating from 2018? 

    I think calcotti has been explicit in his reply. To put it another way if you are found  to fit the criteria for LCWRA    for example on the 18th of March your award will start on that date and you will only get the extra money from that date as previous to that date you were on LCW and got paid at that prevailing rate so there is no backpay to be paid  for that period.
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