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Back dating llimited capability for work and work related activity

joemarch83

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

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poppy123456

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?

joemarch83

Yes I've been sending fit notes since march 2018 with no gaps

poppy123456

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.

joemarch83

I'm not sure what you mean by assessment period.i first started sending sick notes early march 2018

poppy123456

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.

joemarch83

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

poppy123456

It's backdated but you did also ask when is it backdated to.

joemarch83

Ok thank you

Martin2019

No no it’s not back dated - it’s. 3 month wait you need to confirm with UC - message them on your journal.

poppy123456

Martin2019 said:

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.

LEEDScb

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_Scope

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.

JTC88

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.

calcotti

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.

JTC88

So if they decide to put me on LCWRA then my money will be increased and I will receive a back pay?

calcotti

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.

JTC88

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?

calcotti

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.

JTC88

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

calcotti

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.