I won a UC Tribunal and was wondering about backpay and how long it takes? — Scope | Disability forum
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I won a UC Tribunal and was wondering about backpay and how long it takes?

Welshred78
Welshred78 Member Posts: 11 Listener
Hello, 
I recently won a tribunal for the sick element of UC after applying for it in 2018 after asking for a consideration and an appeal it finally went to a tribunal which I was lucky enough to win I was just wondering if anyone could help me with any information regarding backpay etc and when I would be getting the increased rate. Thank you in advance.

Comments

  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Hello @Welshred78 and congratulations on winning your appeal. 

    Backpay can take a little while to calculate but they should calculate it back to 3 full assessment periods after your first fit note. 
    Depending how quickly the decision is passed to Universal Credit the increased amount should be in your next UC payment. 
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  • janer1967
    janer1967 Member Posts: 15,261 Disability Gamechanger
    Hi and welcome to the community, from when I won my UC tribunal the LCWRA payment was in my next UC payment, but I didn't get my back pay until I rang them after waiting 6 weeks once I had rung they actioned it there and then.

    However this wasn't during lockdown and they have lots of new benefit claims to deal with and reduced staffing.

    They also usually wait to make sure there isn't an appeal from DWP as they have 4 weeks from the decision to request a statement of reasons but they don't often appeal a tribunal decision
  • Welshred78
    Welshred78 Member Posts: 11 Listener
    Thank you for getting back to me so soon it is currently 8 weeks since I had the tribunal letter saying that my appeal was upheld I shall give it until the end of the week and get in touch with them. The tribunal date was 23/04/20 when it was upheld in my favour I have given them the required time to appeal the decision which I was aware I had to do.
  • janer1967
    janer1967 Member Posts: 15,261 Disability Gamechanger
    Just a quick question were you awarded LCWRA as this is only award you get any extra payment for LCW doesn't pay any extra 
  • Welshred78
    Welshred78 Member Posts: 11 Listener
    I applied for both components when I first applied for UC and I only got given the one element of UC my work coach couldn't understand as I am also in receipt of PIP due to the seriousness of my condition which will not improve without surgery and even that may not cure it any help will be gratefully received.
  • janer1967
    janer1967 Member Posts: 15,261 Disability Gamechanger
    PIP and UC are different benefits with diff criteria and getting one doesn't get you thr other that's why they are diff assessments 

    You dont go for both elements the WCA puts you either as fit for work or limited capability for work or limited capability for work and work related activity only the latter gives payment

    You letter from court should state what you was awarded 
  • Welshred78
    Welshred78 Member Posts: 11 Listener
    janer1967 said:
    PIP and UC are different benefits with diff criteria and getting one doesn't get you thr other that's why they are diff assessments 

    You dont go for both elements the WCA puts you either as fit for work or limited capability for work or limited capability for work and work related activity only the latter gives payment

    You letter from court should state what you was awarded 
    Hi Jane 

    I am aware that PIP and UC are different benefits with different criteria I was just repeating what my work coach said to me due to the severity of my injury and that getting pip is difficult she couldn't understand why I didn't get both components I don't know if it has any bearing but in the court documents they have been notified not to contact me for 24 months and that if I was considered fit for work it would caused significant trauma to my physical and mental health.
  • janer1967
    janer1967 Member Posts: 15,261 Disability Gamechanger
    I am only checking you are due a payment as I said it gas to be LCWRA to  get any payment if this is what you got awarded that's great 

    They do recommend not to reassess for period of time however they can actually reassess anytime after 3 months but that doesn't mean they will especially with number of claims they are dealing with 
  • Welshred78
    Welshred78 Member Posts: 11 Listener
    edited February 7
    Hi I was wondering how I go about applying for LCWRA as my leg hasn't improved at all even though I have had one surgery it's actually worse if anything.
  • calcotti
    calcotti Member Posts: 5,312 Disability Gamechanger
    Hi I was wondering how I go about applying for LCWRA as my leg hasn't improved at all even though I have had one surgery it's actually worse if anything.
    You never said in the earlier posts whether you we’re previously awarded a LCW or LCWRA by the tribunal?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Welshred78
    Welshred78 Member Posts: 11 Listener
    edited February 10
    Hi, it turns out that I was awarded LCW as I never got any extra money for it as the lady specified. Thank you
  • poppy123456
    poppy123456 Member Posts: 28,575 Disability Gamechanger
    edited February 10
    Before doing anything you need to look at the descriptors for LCWRA to see if any apply to you. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity
    Hi, it turns out that I was awarded LCW as I never got any extra money for it as the lady specified. Thank you

    The person is correct, there's no extra money for LCW.

  • Welshred78
    Welshred78 Member Posts: 11 Listener
    Before doing anything you need to look at the descriptors for LCWRA to see if any apply to you. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity
    Hi, it turns out that I was awarded LCW as I never got any extra money for it as the lady specified. Thank you

    The person is correct, there's no extra money for LCW.

    Hi Yes I am aware of that but I was told that I can apply for LCWRA now as my circumstances are no better if not worse. Thank you 

  • Welshred78
    Welshred78 Member Posts: 11 Listener
    Hi Yes I am aware of that but I was told that I can apply for LCWRA now as my circumstances are no better if not worse. Thank you 

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