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Lcw to lcwra

foxxxiz
foxxxiz Member Posts: 4 Listener
edited February 2020 in Universal Credit (UC)
was in lcw on UC notified them of change in health may2019 had assessment 31/12/2019 decision made for lcwra 27/1 should this have been backdated as I requested review as they're sayingnim only entitled to lcwra as of 27/1 if so what regulation can I quote please

Comments

  • Adrian_Scope
    Adrian_Scope Posts: 8,595 Scope online community team
    Hello @foxxxiz. I believe this is correct and it's from date of decision, but I'll double check tomorrow with our benefit adviser and get back to you ASAP.
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  • poppy123456
    poppy123456 Member Posts: 29,729 Disability Gamechanger
    Hi,

    I agree with Adrian here, it’s from the date of the decision.
  • foxxxiz
    foxxxiz Member Posts: 4 Listener
    I was told if standard review from fate of decision but if review was because of change in health it should of been backdated to when they was notified. It's all so confusing 
  • Adrian_Scope
    Adrian_Scope Posts: 8,595 Scope online community team
    Hi @foxxxiz I spoke with our benefit adviser and they've said that isn't straightforward. If it were PIP and your condition had deteriorated this would be classed as a supersession and could then be argued for backdating to the date a change was notified. For UC we think it's possible that replacing one decision with another one might possibly be regarded as a supersession.
    So if it's classed as a supersession you could argue for backdating, if it's not then you can't. It's worth a try saying you believe it to be a supersession.
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