RE: Can anyone offer some clarity re Universal Credit - Limited capability for work

[Deleted User]

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poppy123456

HI and welcome,

The fit note you were sending DWP when you were claiming JSA doesn't count. It only counts from the time you started claiming UC and when you sent medical evidence of your condition.

When you're paid the extra LCWRA depends on when your assessment periods are for UC and what date you sent the medical evidence. The is because the waiting period is 3 full assessment periods and your then paid the extra money from the 4th month of your claim. Without exact dates then i won't be able to advise further.

Adrian_Scope

Hi @AndyCS. It is not uncommon for them to make mistakes with backdating LCWRA element. What date did you change over to Universal Credit and did you provide fit notes to UC from the day you applied? 

[Deleted User]

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poppy123456

The fit notes for your JSA won't count. It will be from when you send evidence for the UC claim, as you didn't do this when you first claimed then the first month doesn't count. My calculation is that Your LCWRA will start in January, with your first payment being February and their calculation is correct.

[Deleted User]

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poppy123456

The 3 month waiting period has always applied when claiming for Limited capability for work under UC. When you were claiming JSA there's no work capability assessment so the fit note wouldn't apply.

Adrian_Scope

Hi @AndyCS. I believe there is some provision for the 'extended period of sickness' on JSA to transfer over to UC/ESA. I don't imagine it's done automatically and would need to be requested, but it is definitely something you could discuss and Welfare Rights should be able to help you with. 

See here:
http://www.legislation.gov.uk/uksi/2015/339/pdfs/uksiem_20150339_en.pdf

THE JOBSEEKER’S ALLOWANCE (EXTENDED PERIOD OF SICKNESS) AMENDMENT) REGULATIONS 2015 2015 No. 339

1. This explanatory memorandum has been prepared by the Department for Work and Pensions and is laid before Parliament by Command of Her Majesty.

2. Purpose of the instrument
2.1 This instrument makes provision to enable Jobseeker’s Allowance (JSA) claimants suffering from a short (or third) period of sickness to choose to remain on JSA whilst on what is termed as an extended period of sickness (EPS) for a continuous period of up to 13 weeks in a 12 month period. It also makes provision to enable both the Employment and Support Allowance (ESA) assessment phase before any additional ESA components become payable and the Universal Credit (UC) relevant period before any additional UC elements become payable, to be reduced by the time a claimant spends on an EPS.

Let us know how you get on. I'd be very interested to hear how it turns out.

poppy123456

@Adrian_Scope very interesting indeed, thanks for that. I'll also be very interested how it turns out because it could help another person, if this happens again.