Back dating llimited capability for work and work related activity

poppy123456

bradN1 said:

poppy123456 said:

bradN1 said:

What if I was awarded LCWRA in June 2022 an and only got the first payment in September would I be owed any back dated payment so I got my decision in June saying yes an should receive a letter in 7 days on my account an still haven’t received any letter j

It will depend on exactly when you reported your health condition and what date you usually receive your money each month. 

There’s a full 3 month assessment period waiting time and the extra money is paid from the 4th month, providing you sent fit notes for the whole time without any gaps.
The extra money isn’t paid at all during the waiting period. 

The decision letter says “if you’re owed money you will receive a letter within 7 days” but often it’s a few weeks. If you’re not owed money, you won’t receive the letter.

I get paid on the 18th and I told them about my health condition when I first started my claim in December 22 my fit note was put in 26 April an got my decision on June 26 saying they have accepted my condition I’m on LCWRA and only got the first payment Friday 

Your problem is that when you told them about your health condition, you should have sent a fit note within 7 days of that and continued to send them without any gaps until a decision is made on the WCA. As you didn't send a fit note until April then this will delay the LCWRA element being paid.

Based on the information you gave, you sent your fit note in assessment period 12th April to 11th May, which doesn't count because that's not a full assessment period because you sent the fit note in the middle of that AP.

Therefore your waiting period is May/June, June/July, July/August.... LCWRA starts from 12th August to 11th September, first payment 18th September. UC are correct that no LCWRA element is owed.

KarlLesley

Hi, 

I’ve recently won an appeal and got put into the support group of universal credit and I’m confused if I’m going to get backdated or not

background 

I’ve been in the limited capability group since 2016 and I was only sent a wca assessment form in January 2020 although I was meant to get reviewed every 6 months. 

I had an appointment for the wca in November 2021 but I missed this appointment because I moved address and didn’t get the appointment letter and this was allowed by the DWP and another assessment was booked for February 2022 which I attended. 

Didn’t get the decision I felt I deserved so appealed and won at tribunal in late October 2022.

I didn’t send in sick notes because I didn’t think I had to as my claim was getting reviewed rather than it being a new claim and because of this I’m confused if I’m owed anything but if I am owed backdated money when will it get back dates from? 

poppy123456

@KarlLesley if the review was started by DWP then because you already had LCW then you will receive the extra money from the assessment period in which the decision was made.

If you reported a worsening of condition then it will be from the assessment period which you reported the changes.

KarlLesley said:

I’ve been in the limited capability group since 2016 and I was only sent a wca assessment form in January 2020 although I was meant to get reviewed every 6 months. 

That makes no difference because the timescales are just a guide. LCW/LCWRA has no end date and they continue until a new decision says otherwise.

KarlLesley

@poppy123456

Yeah I’m the one that reported the change… It was hard work though I must of put in at least 20 journal entries and many phone calls and I sent back 4 different wca assessment forms before I got an appointment which was weird but yeah. 

I was just worried about not sending in sick notes.

I really appreciate advice, thank you! 

L_Volunteer

This sounds really stressful @KarlLesley. I can completely hear the hard work and amount of effort you put in. 

It sounds positive that you, eventually, got an appointment though. How do you feel after getting the appointment? 

Please don't hesitate to let us know more about how things are currently for you and if you need any support. We are all here for you and listening to you 

Shazzys07

I'm having my esa assessment today if I am placed in the support group would it be backdated to November 2022

poppy123456

Shazzys07 said:

I'm having my esa assessment today if I am placed in the support group would it be backdated to November 2022

You've posted on a thread in the Universal Credit section of the forum. The rules for ESA and UC are slightly different. For ESA if placed into the Support Group the extra money is paid from the 14th week after you started your claim.