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.

Kye

Hi. Can someone hemp me please -- I was aweded lcwra recent and will recieve my first payment in November - however I'm not sure if I will be owed any back pay as this process is a little confusing.

II'll will break down my journey as simple as i can --

September 2023 I was put in the wca group for an assessment apt. And I put in my first fit note on 11th September.

September first fit.

Early December I recived my wca questionnaire - sent that back on 9th December.

I heard nothing for a few months and continued to send in my fit notes. Which still kept getting aproved.

March still nothing and by this time my work coach and changed.

AprIl, still nothing. Had a phone call with my new work coach who said she did not understand what was going on and would fund out.

May came and went and still nothing.

June I contacted them and I was able to get some help.

After a week I was told that my questionare had not reached them in time back and was deined - however the good lady doing her job investigated my journal and she coild see I had told my work coach in December 2023 that I had posted and sent my questionare back in the mail on 9th December. This dwp worker admitted that they were at fault and apologized she then rushed my same of questionare through and got me a wca by video.

22nd July I set up the video call for my appointment. I waited 20 minutes and then a dwp worker came on video chat to tell me that they were not ready for me and had Noone available to do the assessment. She then said someone would call me via phone instead with in 1hr.

1hr went by and an health assesser called me.

This was 22nd July 2024.

End of July I got my letter saying I was awarded lcwra. I know my 1st payment won't be available till 19th November.

However am I due any back pay ?

- my fit notes have been consistent since September 2023 with no gaps. My sick note were for 3 months each time.

Thank you.

poppy123456

@Kye The waiting period starts from when you provided your first fit not and not from when the decision was made.

Providing you continued to provide fit notes without any gaps until the decision was made.

What date do you usually receive your money each month?

Kye

Hi, thank you for replying.

I have no gaps in fit notes and i get paid 25th of each month. 😊