Lcwra

JAKEDA
JAKEDA Community member Posts: 16 Connected
On the 13th of February 2019. made a claim for uc , notified them about my bad health they told me to get a sick note handed in my sick note on the 25th of February 2019 ,and have been handing in sick notes every month since February as was waiting for a assesment ! On October 8th 2019 I received a message to fill in a wca form.  handed that in on the 27th of November had a message in my journal to attended a face to face on the 31.12.2019 I had my assesment and a week later on the 8th of the 1st 2020 I got a message saying I dont have to look for work or do work related activities lcwra group I got told if there is any money owed I should resive a message in 7 working days it's been 14 working days now and no message, and no one is replying to to my journal , I haven't also been told how much the enhanced pay rate is or when that will start , any help ??  Just resived a message in my jornal saying 
Hi there,

The extra element is not included in your payment until after 12 weeks has passed. 

The extra payment you will receive for your limited capability for work and work related activity will be calculated into your award after the end of your next assessment period.

There is no backdated payment due.

Kind Regards,

Andy

Comments

  • Adrian_Scope
    Adrian_Scope Posts: 11,653 Online Community Programme Lead
    Hi @JAKEDA.
    Unfortunately it seems lots of Case Managers and Work Coaches get this wrong and need the legislation pointed out to them.

    The 3 month wait period is from the first fit note, NOT date of decision. You should have the additional LCWRA element (£336.20 a month) backdated to 3 full assessment periods after you first evidenced that you were unfit for work.

    For the sake of argument we'll say the first month doesn't count (it may do, depending on how you reported your health conditions) but it should be worked out like this:

    13th February - 12 March 2019 (doesn't count)
    13th March - 12 April 2019 (month 1)
    13th April - 12 May 2019 (month 2)
    13th May - 12 June (month 3)
    13th June - 12 July (first payment LCWRA due - money should be backdated to this assessment period)


  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Any suggestions what I should do now 
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    ?
  • Adrian_Scope
    Adrian_Scope Posts: 11,653 Online Community Programme Lead
    Hi @JAKEDA. I would reply to them and point them in the direction of the guidance. Highlighting that the Universal Credit regulations (in particular regulation 28 or F5031 of the ADM) states that "relevant period" begins on the first day you provide medical evidence (a fit note) and NOT from the date of decision. 

    Please let us know how you get on.
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Thankyou very much will keep you updated 
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Just an update rang uc today and stated  regulation 28 the person on the other end of the phone had me down as me I sent medical evidence on october 8 the day I resived my health booklet to fill in and then realised that I sent medical evidence of in February so he has updated that and said I should hear somthing by the end of the week  thanks for your help Adrian will keep you updated 
  • Adrian_Scope
    Adrian_Scope Posts: 11,653 Online Community Programme Lead
    That's great, I'm glad they're looking into it for you @JAKEDA. Please let me know when you hear anything! :)
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Hi resived a message in my journal this morning saying that my case is being reviewed then at half 2 also today recived the  the same ucd81 award letter  I recived on the 8th so confused 
  • poppy123456
    poppy123456 Community member Posts: 61,070 Championing
    JAKEDA said:
    Hi resived a message in my journal this morning saying that my case is being reviewed then at half 2 also today recived the  the same ucd81 award letter  I recived on the 8th so confused 

    I'm assuming they haven't changed their decision about when the waiting period starts from. Did you quote the UC regulations to them that Adrian mentioned above?
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Yes rang them up quoted regulation 28 he then said you seem to know what your talking about and I can see that you sent evidence in February so I will send that off I then recived a message saying a discussion maker is will look at the case again then this afternoon resived a message saying to accept commitment to check my uc and update with any changes and the message also said I'm in the lcwra and will hear about any backpayed money in 7 days basically the same messages I rescived  on the 8th of january
  • poppy123456
    poppy123456 Community member Posts: 61,070 Championing
    We can only guess really why they sent the same message but possibly they could be looking at it again. The only way you'll know is to ring and ask why that same messages has been sent.
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    ..
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Okay thanks will give them a call now
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Thay have also deleted the old ucd81 dated from the 8th from my journal
  • Adrian_Scope
    Adrian_Scope Posts: 11,653 Online Community Programme Lead
    I would reply explaining that you are aware that you've been awarded LCWRA. You were questioning the backdating as you believe they have miscalculated. Get evidence of your request on your journal as well as calling them. 
    Best of luck @JAKEDA.
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    Guys just got off the phone they have accepted that 23 of febuary 2019  was the date I supplied evidence and any money will be backdated thankyou for your help would have not followed it through if it was not for yous
  • JAKEDA
    JAKEDA Community member Posts: 16 Connected
    My assesment period is the 13 to the 12 then I'm paid on the 19 does anyone know how many month backdated money I should recive 
  • Adrian_Scope
    Adrian_Scope Posts: 11,653 Online Community Programme Lead
    That’s great @JAKEDA.

    If they’re saying evidence from 28th Feb my calculation above is likely what they’ll use. So:

    13th February - 12 March 2019 (doesn't count)
    13th March - 12 April 2019 (month 1)
    13th April - 12 May 2019 (month 2)
    13th May - 12 June (month 3)
    13th June - 12 July (first payment LCWRA due - money should be backdated to this assessment period)

    So you’re owed:
    13 June - 12 July
    July - August
    August - September
    September - October
    October - November
    November - December
    December - January 

    So 7 assessment periods worth of LCWRA. 
  • Shaneblack2428
    Shaneblack2428 Community member Posts: 2 Listener
    Hi mate I'm owed 18 mths backpay how long did it take to get the money? 
  • poppy123456
    poppy123456 Community member Posts: 61,070 Championing
    Hi mate I'm owed 18 mths backpay how long did it take to get the money? 

    I answered your question on your thread here https://community.scope.org.uk/discussion/72865/hi-my-name-is-shaneblack2428#latest