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Waiting for LCWRA Backdated payment

hammers1970

This is my first post.

On December 3rd 2020 I had a tribunal with Universal Credit regarding LCWRA, I had been fighting this for 3 years, I was successful and won the appeal, it was agreed that I would receive 3 years of backdated payments.

A few days later I called Universal Credit, to see if they were aware of the tribunal outcome, I was told yes they are aware and it has been agreed that I would receive a backdated payment of 3 years, I was also told that payments can take up to 8 weeks.

I’m now in my 12th week since the tribunal and I have still not received any payment.

I have phoned several times asking for an update, I get told someone will contact me within 48 hours, I have not received one phone call. I’m also told it’s with the Decision Maker. Also I started work in November 2019 so my Universal Credit claim has been closed therefore I cannot put any notes on my journal.

I don’t know what to do, I feel like I’m going round and round in circles.

I have explained that I am in a vulnerable position, reason being is that I have bad credit so cannot rent a property unless I give 6 months to 1 years rent up front, so the backdated payment I’m waiting for will allow me to pay the rent up front, but in the meantime I am living in my car, which I have explained to Universal Credit.

How long should I have to wait?

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Comments

janer1967

Hi and welcome

As you have been advised it normally takes about 8 weeks so you have been waiting a while

It maybe due to you no longer having a live account

All you can do is wait or ring and ask to speak to the DM or someone senior as the wait is beyond normal and I'd putting you in financial distress

May also be worth contacting your local mp but they dont always act that quickly

calcotti

Does the inclusion of the LCWRA element mean that you would still have had some ongoing UC entitlement when you returned to work in November 2019?

hammers1970

My UC ended in November 2019 when I started work.

calcotti

hammers1970 said:

My UC ended in November 2019 when I started work.

I realised that. The UC would have ended if your earnings deduction exceeded your maximum UC entitlement. What I was asking was whether had your maximum UC amount been £340/higher (as the result of LCWRA) would you still have been entitled to some UC?

hammers1970

Sorry, yes it would of exceeded that.

It’s just so frustrating, because I’m getting nowhere.

calcotti

I can understand your frustration and I really don’t know how you cut through it. As suggested by Janer contacting your MP may be worthwhile - depends on the quality of your local constituency office.

hammers1970

I’ll try anything. Thank you for your all your help.

hammers1970

I have called UC again and was told that someone tried to call me twice this week, I have not got any missed calls. I was also told that I would not be receiving any backdated payment because I was awarded LCW. I said that I was told at the tribunal that I would receive 3 years backdated payments if I won the tribunal (which I did win). Also on a call to UC on the 15th December 2020, I was told that UC had received the decision of my tribunal and that it had been agreed that I would receive 3 years of backdated payments and that a decision maker is calculating the amount.

Waiting for a call back.

calcotti

If you have LCW rather than LCWRA there is no additional money associated with that.

hammers1970

I understand what you are saying about LCW & LCWRA, but this is what I don’t understand:

1. I was told by a UC representative at the tribunal, that if the court sided with me, then I would receive 3 years of backdated payments.

2. I phoned UC 2 weeks after the tribunal, to make sure they had received the decision from the tribunal, on the call I was told, yes they had received the decision, I then asked what the process was. The gentleman said that it has been agreed that I would receive 3 years backdated pay and that the decision maker had this in hand and was calculating the total and that I should receive a payment within 8 weeks, although it may take the decision maker a little longer as he’s going back 3 years.

3. I was told on several other phone calls to UC, that the decision maker is calculating the amount, I will be receiving.

4. If I was not eligible for any backdated payments:

a. Then why was I told at the tribunal, that I would receive 3 years of backdated payments.

b. Why was I told by UC that it has been agreed that I would receive 3 years of backdated payments.

c. Why was I told on several phone calls that the Decision Maker is calculating the amount.

d. Why would a Decision Maker be calculating the amount, if I wasn’t eligible for the payment.

calcotti

I have overlooked the possibility that your decision takes the LCW award back to before April 2017. In that case there would be extra money associated with the LCW and that extra would be ongoing.

The extra money for LCW was removed from April 2017 for new decisions.

hammers1970

Update: I spoke to UC and was advised to go down the complaint route, reason being is that in 2017 I was on ESA, they closed my case saying that I was fit to work.

The UC advisor said that she believes that because I won my tribunal, it show’s ESA were wrong to have closed my case, which would mean it is ESA who should be pay the backdated payments.

Adrian_Scope

Hello @hammers1970, if your tribunal was for the ESA that found you fit for work and closed your claim, then that is correct. However, if it's for a UC claim that was made after your ESA ended, the decision won't apply to the ESA. It's more complex if the two claims (UC and ESA) ran simultaneously.

hammers1970

I was told by UC that I claimed ESA on the 11/09/2017 and was found fit for work following an assessment. ESA closed my claim on the 09/04/2018 following the decision, I appealed the original decision, which went to a tribunal on the 03/12/2020, where the decision was overturned and I was awarded LCW.

After ESA closed my claim, I claimed UC and that is why the tribunal decision went to UC, it should of gone to ESA.

I spoke to ESA today and they said that I have to write a letter detailing this, it cannot be emailed, which I can’t believe.