Parents esa + pip

calcotti

Sounds like she is waiting for an assessment. How long is it since the form was returned?

tanya189

Their to do list history say new claim details were submitted 19th June this year

calcotti

tanya189 said:

Their to do list history say new claim details were submitted 19th June this year

I don’t know what that means.

tanya189

I submitted their claim forms on the 19th June this year

poppy123456

Was that the date the claim was started? This has nothing to do with the work capability assessment form. 

The form she will be sent when she’s referred is here https://www.gov.uk/government/publications/uc50-form-universal-credit-capability-for-work-questionnaire
Has she filled in one of those? 

tanya189

No she's never filled out one of those

calcotti

Rereading I realise you refer to the health part of the initial application. Has she been providing details of Faith Notes? If so she should have been sent the UC50 health form I referred to and which poppy has helpfully provided a link to. If she hasn’t been sent this it needs to be chased, as per my earlier post.

poppy123456

Then she should leave a message onto her journal asking to refer her for the work capability assessment. Once this is done she’ll receive a letter on her journal. A few days later she should receive the form in the post, which needs to be filled in and returned with all her supporting evidence.

tanya189

Yes that was the health part of the initial application. Submitted In June.

It's my mistake for assuming I'd I said she had heath conditions and provided fit notes then that'd be all they needed. I should have chased it further!

I will write a message on her journal to chase it. Thank you

calcotti

tanya189 said:It's my mistake for assuming I'd I said she had heath conditions and provided fit notes then that'd be all they needed. 

That is all that should have been needed, they should have issued the UC50 29 days after the claim was started.

tanya189

Ah OK thank you. Will that be backdated at all? 
You're incredibly helpful

poppy123456

No, because you can only have 1 LCWRA element per claim and your dad already receives it. If your mum is found to have LCWRA then your dad will be able to claim the carers element, while your mum claims the LCWRA element, as advised previously by Calcotti.

tanya189

OK thanks 

calcotti

The first is getting, completing and returning the UC50. After that there will be an assessment. After the assessment a decision will be made. If the result of the decision is that she has LCWRA then there will be additional entitlement in the UC (the LCWRA element) which will be payable from the fourth month of the claim.

If she becomes entitled to the LCWRA element then he will stop getting it (because two LCWRA elements cannot be paid on the same claim) but will be able to get the carer element.

braca

Just stumbled upon this discussion and find it very similar to myself and partners own UC claim, we are mixed age couple.
when our UC claim started I was automatically put on LCWRA as moved over from ESA support group, my partner was asked to provide Fit note and was given WCA without filling in UC50 form ? and was never assessed ? I will update you folk Calcotti and Poppy on my other post when given more information.

tanya189

Ok…so having asked the work coach a ton of t8mes regarding the UC50 form we’ve ended up at a kind of answer I think.
my parents claim started last June and mum has been providing sick notes since then. Dad automatically got lcwra because he was on esa.  

Mum never received a work assessment appointment or the above form. 

I asked the work coach and she said she’d look into it. The said there’s a backlog but mum should have got one a mot thing after the claim started. 

The she spoke to my mum on the phone yesterday and said she needs to provide one more fit note the she’ll receive the form. 

Someone above said the money wouldn’t be backdated because dad was getting it. But the work coach said that mum should have been getting it and dad getting the care element so there is money to be claimed/backdated. 

I see lots of talk about assessment periods etc so not really sure the situation. Someone I know that works for a different disability charity said to make a complaint but a bit confused!

poppy123456

The referral work the work capability assessment should have been done on day 29 after she reported her health condition. Although sometimes this doesn’t happen.
Fit notes need continue to be sent until a decision is made on that assessment. 

If she’s found to have LCWRA she can claim this and your dad can claim the carers element. The carer element can’t be backdated because he was claiming the LCWRA element and the same person can’t receive both elements. 

Although the delay in sending out the UC50 form will have obviously delayed that decision. 

tanya189

Poppy, thank you very much for replying! Especially at this time on a Saturday. 
When she eventually receives the form at fills it in etc, when does the money get backdated to once she's told she's entitled? 
It seems like they've missed out on money because they work assessment hasn't happened. Because they'd have been getting lcwra and carers before now 🤔

Also, our of interest, is there such thing as complaining to the dwp? 

I managed to get a law masters degree but can't figure out benefits! 

calcotti

poppy123456 said:

The carer element can’t be backdated because he was claiming the LCWRA element and the same person can’t receive both elements. 

If mum is found to have LCWRA that decision is backdated so it would be possible to ask for previous APs to be recalculated with mum receiving LCWRA and dad receiving carer (if UC are willing to backdate the carer element).

tanya189

Hi Calcotti, thank you

Sorry to sound thick but what's an AP?