Universal Credit
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universal credit help please

mikkymikky Member Posts: 21 Connected
hi guys i am after some help.
i was always in the support group of esa up until me and my partner got married in 2015 i was then switched to income support as a couple and receiving the disability premium.
we recently moved to a new flat and that triggered us to change to universal credit.
now i have just had my decision regarding work assesment and been placed in the lcrwa i think its called?
i handed in my fit note on feb the 24th this year.
will i be backdated any money ? also when from please?
i have read about the 3 month period but also been told by a guy at the job centre that depending on whether i was in support group or getting disability premium before, the 3 month period might not count.
now i am even more confused than before.
any advice?
many thanks.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Firstly, great news on the deicison. The waiting period for you will apply because it was 2015 that you last claimed ESA so that decision would no longer apply to you here.

    How much backdated money you're owed will depend on when your monthly assessment periods (or when you first applied for UC) are because it's 3 full assessment periods that count. LCWRA is then paid from the 4th month of your claim.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikkymikky Member Posts: 21 Connected
    okay thank you, it was 6th of feb this year i started universal credit and my first payment was the 9th of march.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks for that information.

    This means your assessment periods are 6th - 5th of each month.

    So 6th March - 5th April ...this month doesn't count.
    6th April - 5th May  1 month
    6th May - 5th June  2 months
    6th June - 5th July  3 months.
     Your LCWRA element will start from 6th July and your payment this month will be your first payment, which means you are not owed any backdated money.

    Hope this helps.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikkymikky Member Posts: 21 Connected
    this seems odd that they say yes you are entitled to it but no you cannot have it from the start of your claim.
    feel sorry for everyone they do this to.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There are some exceptions to this rule but unfortunately the waiting period applies to you. It was exactly the same when you claimed ESA there was a 13 week assessment period and the extra money was paid on the 14th week of your claim.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mikkymikky Member Posts: 21 Connected
    my payment in the journal thing is the same as previous months, we are paid on the 9th of each month so maybe it will start next month?
  • mikkymikky Member Posts: 21 Connected
    also ty for your help, god i am rude sometimes.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If the decision has only recently been made then your statement may have been produced before the decision was made. Payment will very likely be made very soon but you'll definitely receive that month's LCWRA element that's owed to you.

    You're welcome .
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • janer1967janer1967 Member Posts: 11,174 Disability Gamechanger
    Hi @mikky Welcome to the community glad you have joined us here.

    Good news on your assessment and award and glad Poppy has explained the payments to you

    Please keep us updated as this can help other members in a similar situation
  • Tori_ScopeTori_Scope Posts: 5,017

    Scope community team

    Hi @mikky! I just wanted to check in to see how you were getting on? I'm glad Poppy was able to give you lots of useful information, has this made you feel a little less confused? As @janer1967 said, feel free to keep us updated :) 
    Online Community Coordinator, she/her

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  • timis2timis2 Member Posts: 29 Listener
    hi was put on uc and if fact sud of applied for esa in receipt of pip standard rate living and enchanced rate mobility.i informed them of all changes in my circumstance and that id been awarded pip.unable to work full time due to disability .so have been working 30 hours.recieved no payments from uc as they kept saying I was on right benefit .ive got a a mandatory reconsideration underway but feel nothing was explained properly .due to the fact ive now got a drs note stating I can only work 10 hours ive switched from uc to esa which has now entitled me to sdp.can I back date my sdp from start of my pip award.also ive got medical records and drs letter confirming I was unable to work full time for last 18 months..can I back date esa or wtc as I sud of been entitled from feb 2019.so average wage was 950 after household costs been living off 40 a week for 18 months.feel very confused as to why I wasn't told by uc I sud of been on esa and very confused as I cudnt get wtc for last 18 months .I am now on right benefit but can I back date sdp or working tax credit can any body give me any advice as I feel ive struggled to work which has now made my spine condition worse .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2020
    timis2 said:
    hi was put on uc and if fact sud of applied for esa in receipt of pip standard rate living and enchanced rate mobility.i informed them of all changes in my circumstance and that id been awarded pip.unable to work full time due to disability .so have been working 30 hours.recieved no payments from uc as they kept saying I was on right benefit .ive got a a mandatory reconsideration underway but feel nothing was explained properly .due to the fact ive now got a drs note stating I can only work 10 hours ive switched from uc to esa which has now entitled me to sdp.can I back date my sdp from start of my pip award.also ive got medical records and drs letter confirming I was unable to work full time for last 18 months..can I back date esa or wtc as I sud of been entitled from feb 2019.so average wage was 950 after household costs been living off 40 a week for 18 months.feel very confused as to why I wasn't told by uc I sud of been on esa and very confused as I cudnt get wtc for last 18 months .I am now on right benefit but can I back date sdp or working tax credit can any body give me any advice as I feel ive struggled to work which has now made my spine condition worse .

    I'm really confused why you were able to claim ESA unless you're ESA is New style ESA, which is the only ESA that it possible for anyone to claim right now, unless you were already in receipt of the SDP, which you weren't.

    Can you please confirm how much ESA you're receiving each week? Once you've confirmed that i'll be able to answer your other questions.

    What is the Mandatory reconsideration for? and when did your claim for ESA start?

    Sorry but it's very difficult to give any advice without all the correct information.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    When I originally went to uc in feb 2019 I was off sick had drs notes so actually sud of been put on esa..I then got pip due to my spine condition as have had this for 12 years..I got a job in may 2019 so was working 3o hrs a week I was never asked for any paper work regarding this but did in form u credit of this change .I have not received any lwrca on my u credit at all in 18 months .been left with just my wages to live on approx 950 a month ...after Bill's been left with about 40 a week .due to being made redudant started looking into benefits and realised for 18 months have not been recieving the right amount.i now have drs note stating I should only work 10 hours a week .I have applied for esa and hopefully will get sdp.but I'm trying to find out if my sdp can be back dated to when my pip started in feb 2019 when I should of originally been put on esa.also can I be backdated on lwrca in u cr as have not recieved anything .I av asked for a manatory reconsideration and involved my mp .I am totally frustrated exhaused and caused me financal hardship .u credit have been a total waste of time when I've been trying to explain the situation.i did contact esa and they said I sud of been put on it in feb 2019..becauce I had drs notes at the time.u credit saying not there problem as I'm on right benefit but they didnt deal with my claim properly in the beginning. 
  • timis2timis2 Member Posts: 29 Listener
    If my claim had been handled properly I sud of been entitled to esa and sdp then becauce I was working 16 hours sud of got working tax credit for last 18 months .but have not recieved anything no sdp no working tax credit and no lwrca in my u credit .I have now closed my u credit ac and qualified for esa from 1st oct back dated 12 weeks but what about the benefits I havent been paid .if my claim had been dealt with properly I cud of claim working tax credit and sdp I've been underpaid 11000
  • timis2timis2 Member Posts: 29 Listener
    I should of actually been on esa and sdp since 2019 but was left on u cr not even recieving the lwrca rate .I worked out the lwrca rate since feb 2019 works out at 314 a month times this by 19 months this is wat I should of been recieving on u c but have never had a penny.
  • timis2timis2 Member Posts: 29 Listener
    I spoke to u credit who say I'm on right benefit how can this be when I get enchaced rate of pip.??  But never got lwrca..This is an on going health condition not a recent one so how can they mess it up so much.im at breaking point as each department blames the other but this is actually I fault with u credit becauce they messed it up in feb 2019 at the start of my claim.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2020
    timis2 said:
    When I originally went to uc in feb 2019 I was off sick had drs notes so actually sud of been put on esa..I then got pip due to my spine condition as have had this for 12 years..I got a job in may 2019 so was working 3o hrs a week I was never asked for any paper work regarding this but did in form u credit of this change .I have not received any lwrca on my u credit at all in 18 months .been left with just my wages to live on approx 950 a month ...after Bill's been left with about 40 a week .due to being made redudant started looking into benefits and realised for 18 months have not been recieving the right amount.i now have drs note stating I should only work 10 hours a week .I have applied for esa and hopefully will get sdp.but I'm trying to find out if my sdp can be back dated to when my pip started in feb 2019 when I should of originally been put on esa.also can I be backdated on lwrca in u cr as have not recieved anything .I av asked for a manatory reconsideration and involved my mp .I am totally frustrated exhaused and caused me financal hardship .u credit have been a total waste of time when I've been trying to explain the situation.i did contact esa and they said I sud of been put on it in feb 2019..becauce I had drs notes at the time.u credit saying not there problem as I'm on right benefit but they didnt deal with my claim properly in the beginning. 

    Oh dear this sounds like you have not been given the correct advice at all.

    The ESA you have claimed will have been the New style ESA and unfortunately, you won't be able to claim the SDP with this ESA because it's a contributions based only claim and the disability premiums are not payable on this ESA.

    Claims for the old Income related ESA are no longer possible unless you're already receiving the severe disability premium, which you wouldn't have been because you were claiming universal credit and it's not payable on Universal Credit. Claims for the old ESA have not been possible since December 2018.

    The ESA you have claimed is only paid for 1 year unless you're placed into the Support Group and then it's paid for as long as you remain entitled to it.

    When you were claiming Universal Credit and sending the fit notes, where you working at that time? and did you have a PIP award while you were working? If you were working more than 16 hours per week and not is receipt of PIP then you wouldn't have been able to be assessed for limited capability for work because of the amount of hours you were working.

    If you were in receipt of PIP then working more than 16 hours and sending in fit notes would have started the limited capability for work process off.

    Because you haven't been assessed with the work capability assessment then no decision was made so no LCWRA element can be paid to you and no back dated money is owed for this, i'm afraid. You can't receive the LCWRA element unless you've been assessed with the work capability assessment and the decision was LCWRA.

    The reason you weren't receiving any UC payments was most likely because of your earnings at the time were reducing your UC to zero.

    If you are now working then because you are claiming ESA then you must make sure that you work less than 16 hours per week. If you work more than 16 hours then you won't be entitled to any ESA and your claim will end.

    Working tax credits, unfortunately, you won't be able to claim this because new claims are no longer possible because it no longer exists and it hasn't been possible to start a new claim for this since December 2018.

    I think you need to get some advice from an advice agency near you because you seem extremely confused by the benefit system and you're not owed the money you think you're owed.

    I'm sorry if this isn't what you expected and i'm sorry you've been badly advised in the past.

    I hope this helps a little but please do get some advice and help from an advice agency near you, they are only helping through telephone calls.



    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    I was working from  may 2019 and in receipt of pip standard living allowance and enchanced mobility 
  • timis2timis2 Member Posts: 29 Listener
    I was working 30 hours but becauce of my spine had alot of time of sick I was in reciept of pip at this time enchanced mobily and standard living rate
  • timis2timis2 Member Posts: 29 Listener
    So as from oct 1st will claim new style esa and be in reciept of pip (rates above) I av a med 3 cert stating I can only work 10 hours which hopefully will be classed as permitted work so can you advise am I now on the right benefit
  • timis2timis2 Member Posts: 29 Listener
    So if I was in reciept of pip (rates above) and working the 30 hours I should not of been put on lwrca is that correct 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2020
    timis2 said:
    So if I was in reciept of pip (rates above) and working the 30 hours I should not of been put on lwrca is that correct 

    You could have worked 30 hours and been referred for the work capability assessment if there were no gaps in your fit notes. A PIP award doesn't automatically entitle you to LCWRA. Did you continue to send in fit notes and makes sure there were no gaps? or did you just send the 1?

    You will not be able to claim the SDP with your ESA. Also do be aware that if the work you do contradicts the reasons why you're claiming ESA then this can go against you once the decision is made on your work capability assessment.

    Please get some advice from an advice centre near you.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    Yes I understand that I was working ..but I was never sent for a lwrca by universal credit .I av medical letters proving I sud not of been working this many hours can I back date lwrca with medical evidence.i know i cant get a med 3 cert back dated but do have a comformation letter from dr .I have asked from a mandatory reconsideration is this the right thing.

  • timis2timis2 Member Posts: 29 Listener
    Also now have a med 3 cert stating I'm only to work 10 hours a week I've applied for esa they telling me can get u credit will still send me for lwrca is this correct 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Medical letters will not help you here. If you didn't continue to send in fit notes with no breaks then this is where your problems lies. There shouldn't have been any breaks in your fit notes. With no breaks then you would have been referred for the work capability assessment.

    A mandatory reconsideration will not help and will be wasting your time and theirs because there's nothing to request the MR for. You simply weren't referred because you didn't continue to send in the fit notes from your GP.

    The reason you weren't receiving any payments for UC was most likely because your earnings were reducing it to zero so no payments were made.

    LCWRA will not be backdated because the award doesn't exist, you weren't assessed and no decision was made.

    May i ask if you need help with any rent payments? If you do then you will need to make a rapid reclaim for UC through your journal because you can't claim housing benefit because it no longer exists. You will also need to send fit notes in to start the limited capability for work process off and continue to send them until you've been assessed and a decision's been made on your claim.

    You can continue with your New style ESA claim but this will be deducted £1 for £1 from any UC entitlement.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2020
    timis2 said:
    Also now have a med 3 cert stating I'm only to work 10 hours a week I've applied for esa they telling me can get u credit will still send me for lwrca is this correct 

    In a ccomment yesterday you said you stopped claiming Universal Credit? It's extremely difficult to try to help because there's a lot of confusing information and you're not answering any questions that i've asked you. You won't be able to backdated the LCWRA element if you're awarded it unless you continued to send in the fit notes from your GP without any breaks.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    I understand I'm trying to find out now...from 1st nov I will recieve esa as have med 3 cert stating I can only work 10 hours a week I have filled in a permitted work form .will I get limited capcity to work from u c  I know I will av to av have an assessment 
  • timis2timis2 Member Posts: 29 Listener
    My concern is that I do av med 3 certificate statingonly to work 10 hours ..but wat if the medical assesmt for lwrca says I can work more hours when I physically cant do it
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You said you cancelled your UC claim, is this correct? Please answer this question.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    Also wat rate of lwrca sud I be on as there are 2 different levels I'm just trying  to work out wat income I will have.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    timis2 said:
    Also wat rate of lwrca sud I be on as there are 2 different levels I'm just trying  to work out wat income I will have.

    You still haven't answered my question.... did you cancel your claim for universal credit?

    There is only 1 payment because your claim started after April 2017. If you're given LCWRA then you'll receive extra money, if the decision is just LCW there will not be any extra money.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    All paperwork has been sent to dwp have spoke to esa who said from 1st nov I will be entitled.so contacted u credit and I formed them of this change .but esa have said becauce sdp no longer exists uc sud be paying me a disabilty premium 
  • timis2timis2 Member Posts: 29 Listener
    I'm so confused by all of it to be honest
  • timis2timis2 Member Posts: 29 Listener
    U c contacted me today and said I will now be assessed as to lwrca 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    timis2 said:
    .but esa have said becauce sdp no longer exists uc sud be paying me a disabilty premium 

    Hmm nope, that's not correct. You will not be able to claim the SDP or any other disability premium because it no longer exists for you. The disability premiums do not exist in Universal Credit.

    You need to send the fit notes and continue to send them until you're assessed for the work capability assessment. Once the decision's been made it will either be LCWRA, LCW or fit for work. If it's LCWRA then you'll recieve extra money.

    I will assume that you're claiming both ESA and Universal Credit? This means that your ESA will be deducted £1 for £1 from any Universal Credit entitlement.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    I have limited capacity for work ten hours a week my med 3 cert is for a year so I will get esa 74 a week I will do permitted work and get 87 a week so trying to find d out wat else I can claim will it be uc or after assessment lwrca
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    timis2 said:
    U c contacted me today and said I will now be assessed as to lwrca 

    It's not called LCWRA it's the work capability assessment. Whether the decision will be LCWRA will totally depend on how your conditions affect your ability to do any type of work. It's about the work you can do and not the work you can't do.

    I don't think i can give you anymore advice than i already have.

    Good luck with the assessment and i hope you get the decision that's right for you.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    If it states on my med 3 certificate I can only work ten hours a week will I still need an assessment for lwrca 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes of course. For the work capability assessment most people have telephone assessments because at the moment face to face assessments are still suspended.

    Although if they can't get enough of information from the telephone assessment a face to face assessment maybe needed once they are back up an running again and a decision won't be made until that has been completed.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    Thank you you are the only person who has actually explained things properly thank you very much for your patience and understanding .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You are very welcome! Thank you for those kind words! Please remember to keep sending those fit notes until a decision's been made on your work capability assessment. Good luck!
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • timis2timis2 Member Posts: 29 Listener
    Yes I've ordered a drs letter as well  a medical source statement confirming by disability proving I've not been getting correct benefits as well so hopefully this will help many thanks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A letter from your DR or GP isn't the best evidence to send because they very rarely know exactly how your conditions affect you. The work capability assessment is simialar to PIP (very different criteria though)

    You have been claiming the correct benefits it's just you haven't been assessed for the work capability assessment. There's no disability premiums available for you to claim.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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