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UC reassessment given LCWRA Backdating?

louloucov

Hi
I was initially given a date for my UC reassessment last year March 2020. This was cancelled due to Covid. I sent in the form for the WCA in February last year.

I have just gone through the WCA over the phone, I had to rearrange a couple of times, but they have given me LCWRA. I have just been getting the basic amount since 2018.

What I am asking is should the backdating be done to when I sent the form in last year, less the 3 month waiting period (if this applies as it is a reassessment)?

It is not my fault that we had Covid, has anyone else had any backdated money because of this? Is there a precedent? Or could I have a case for a MR/Tribunal if they decide not to backdate?

I might add that the healthcare Professional that called me asked if my health had got worse during Covid or did I have the problems before Covid started? I told her it was before as in the form I sent them when they asked me about my health conditions will state.

If they decide I won’t get backdating till March last year, Could they backdate the waiting period to when my first telephone appointment would have taken place in January? Or would it be the date of my decision that the 3 months waiting time starts

Any help or advise appreciated.

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janer1967

Hi

I'm not entirely certain with it being a reassessment I thought you kept the award until a new decision was made

You say you have been in basic since 2018 but reassessment wasnt scheduled till 2020

What was your award in 2018 ?

Sorry bit complicated to advise

louloucov

what what I mean is the amount of money that I am getting right now is the standard allowance plus housing costs....so just the £400 and odd... I initially went on to UC in 2018 and was assessed at this time of just having a limited capability for work, as my claim was made after 2017 I don’t get any extra money due to my health.

I have been getting this amount since then, it hasn’t stopped.

now after my reassessment I am now LCWRA. So I am due to get another £328....

what I am asking is....as my appointment was supposed to be March last year (had an actual appointment letter but they cancelled due to Covid) but it did not take place till last week, will I get the LCWRA backdated to then less the 3 month waiting period.

janer1967

Thanks for clarification

I'm not certain tbh you would normally be paid from when the decision was made when it's reassessment but as you say the delay wasnt down to you it would be fair in my view to back pay to when forms were sent

I would contact welfare rights who may have come across this

Does it say anything about payments or back pay in your letter on your journal

louloucov

As it is a reassessment, would I have to wait the 3 months from the decision to get the LCWRA amount in my award or could I get it straight away?

I was under the impression that the 3 month waiting period only applied for new claims, so you don’t get the extra money until you have been claiming for 3 months?

louloucov

In the letter it just says if we owe you any money we will pay it to you.

janer1967

I would have thought you get it straight away but I'm no expert you need to speak to welfare rights

louloucov

Done a bit more research and it looks as if I would get it in my next payment due on the 26th March, but I have put a note on my online journal to ask if they can look at backdating, it does say if the WCA process takes longer than 3 months then it would be backdated but I think that just applies to new claims when subject to the waiting period.

The point that makes me think they could be looking at people’s claims that have been waiting since the first lockdown differently, was when the person doing the interview asked me if my issues started during lockdown or did I have them before? Maybe they have realised that a lot of people are in the same boat?

I will probably argue that if the assessment had taken place in March last year, I could have potentially had the LCWRA for a year and that I had the same problems with my health then as the form would show so I informed them of my health so should therefore be backdated until I sent the form in.

See what happens?

Is anyone else on here in the same boat?

calcotti

louloucov said:

As it is a reassessment, would I have to wait the 3 months from the decision to get the LCWRA amount in my award or could I get it straight away.

There is no three month wait following reassessment for claimant who already has LCW. As regards the backdating the example in Advice to Decision makers indicates the LCWRA should be paid from the assessment period in which you reported the change.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864911/admf5.pdf

F5046 The guidance at F5030 does not apply where
the DM had previously determined that the claimant had or was treated as having LCW and
following a further WCA, it is determined that the claimant now has LCWRA.
Example
Muriel claims UC on 3.10.17 and sends in medical evidence. Following application of the WCA, the DM determines that Muriel has LCW. On 31.7.18 Muriel notifies that she had a road traffic accident on 15.6.18 which has significantly affected her mobility. After a further WCA, the DM determines that Muriel has LCWRA. Muriel’s
award of UC is superseded to include the LCWRA element from 3.7.18, the first day of the assessment period in which Muriel notified her mobility problems.

louloucov

Ok, so I already had the LCW, then they asked me to fill in the form for reassessment in February/March last year and I filled it in and sent it to them. They booked me in for the WCA but cancelled due to Covid. Had the assessment last week and I am now LCWRA, so I did inform them when I sent the form in a year ago and I explained that I had the problems before Covid.....so could this be grounds to say that I informed them of my issues in March last year?

calcotti

Sorry, that’s different. I think that if it’s a re-assessment then it will only go from the decision date. Apologies for misreading your original post - my fault.

louloucov

what I’m saying is that could I have a grounds for a MR as I should have had my WRA in March last year but was cancelled due to Covid, so the WRA was held up by a year.

Could I argue that I could/should have got LCWRA when that assessment should have been done a year ago? And that I told the person doing my health assessment last week that I had the issues I have now before Covid so at the same time they initially asked me to come in for the WRA

calcotti

I understand what you are asking. I don’t know the answer.

louloucov

ok, thanks for your help

Adrian_Scope

Hello @louloucov. Unfortunately it's my understanding that there isn't grounds for backdating here. It works in the claimants favour sometimes too. For example if you were previously on LCWRA and the reassessment decision was LCW, you'd be understandably annoyed if they said "well your original assessment was due in March 2020, so you need to pay back the extra you've received since then".

I do understand how frustrating and unfair it is in your situation though and it's maybe worth putting in an official complaint.

louloucov

But in this case they would need proof that my health in March is 2020 was as it was on the assessment date if they were changing it from LCWRC to just LCW. And if taking back an overpayment it would be a few pounds a month. On the assessment date I clearly explained that I had the health issues since before lockdown. She actually asked me. Also in the form I sent them last year in February it tells them this.

they had booked me in and sent me an appointment for a face to face appointment for March last year. They could have done a telephone assessment as they have done last week? They couldn’t have had that much of a backlog as my appointment was the first week of lockdown. Even if they were waiting a short while seeing what was happening I could have been sorted by April or May at the latest?

Adrian_Scope

It does seem like a long time for you to have been kept waiting.
You could request an MR (mandatory reconsideration) of the date of the decision given the extenuating circumstances, but it's my understanding that it's quite unlikely to be accepted as the standard process is from date of decision - but it might be worth a try, same as an official complaint detailing the financial implications and loss.
Best of luck whatever you decide and I'm glad you're not getting the correct award at least.

louloucov

Thanks for your help

WeepingWillow

@louloucov Speaking from my own personal experience LCWRA payments will be only be given from the day awarded. I an not sure an MR would be given on the balance of a variable, by that I mean no one can say if you would have been give the same award at the original scheduled appointment or on the balance of probabilities. I would always caution against an MR where there is no perceived advantage as this gives them the opportunity to reinterpret your whole claim and change their original decision. I don't claim to be an expert in anything you understand.