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Backdating Lcwra

erin2490erin2490 Member Posts: 43 Connected
edited March 19 in Universal Credit
Right so my mental health declined back in july 2019. So i landed up quitting work to try work on my mental health....   

I started handing in regular fit notes from 9th dec 2019..(didnt before due to not leaving the house or limited talking to most people but close friends and family until december).. at the start of 2020 i asked to be re assessed.

The lady who responded on my online jounal said apply for pip, so i did and got awarded it.... i asked again if i could be re assessed (health assesment) to be ignored
 It was only on the 3rd attempt in july/august when i asked. I recieved a phone call from the job centre.... saying i should have been re assesed and he apoligised but then explained that there is a long wait to be assessed. But said i would get money backdated from when  i should of been put in for another health assesment.

So last week a recieved a letter on my online journal saying id been accepted for lcwra... so i phoned up to ask how many months etc i will get backdated ( im aware there is a 3 month waiting period)
He said it doesnt get backdated, he put.me on hold when i questioned this and explained all what ive wrote to him. He spoke to his manager and said nope you wont get any backdated money 

I was under the impression id at least get it backdated from december 2019 + 3 months 

So i would have said April 2020 to febuary 2021 and then obvisally this months one on my next months payment.

The next day i phoned again to be told that he should have not said i.wouldnt get backdated money because for now a descion hasnt been made. Although im entitled to lcwra,  a descion maker looks at everything and if money is owed that has to be done manually but she couldnt say whever i would of wouldnt get anything backdated.

Just wondered if anyone knows whats right because of the conflicting information given by uc phone workers. It has left me feeling very anxious and unsure what it going to happen, its been a week since i recieved the letter saying ive been accepted for lcwra but not been informed of anything more.

They should just do what other benefits do and not tell us we have been accepted until the descion has been made of how much i will get... if im owed any backdated money and when it will be payed if any.


Replies

  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,002

    Scope community team

    Hello @erin2490

    Can I just clarify, was this your first and only assessment with UC (and have you previously been on ESA?) It's just it sounds like it was a first assessment but you've said 'reassessment' so I need to clarify as they're treated in different ways. 
    Have you previously had a LCW decision or is this the first decision and it was LCWRA? And have you been handing in/reporting fit notes non-stop since December 2019?
    Community Manager
    Scope
  • erin2490erin2490 Member Posts: 43 Connected
    Previousally been awarded lcw but that ran out in novemeber 2019..  and they should have reassess people after that
    Never claimed esa

    Yes i have continued to hand in sick notes without a break since december 2019... 
  • calcotticalcotti Member Posts: 2,235 Pioneering
    edited March 19
    erin2490 said:
    Previousally been awarded lcw but that ran out in novemeber 2019..  
    LCW doesn’t run out. It is can only change if there is a further assessment and a new decision is made.

    As the reassessment was prompted by you reporting a worsening of your health condition I think LCWRA should be backdated to the fourth payment after you reported the change.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • erin2490erin2490 Member Posts: 43 Connected
    Right ok thanks.... ive finally had a reply and she said that i will be entitled to lwrca from 10th jan 2020 but stil calculating how much i will get backdated so guessing its 3 months from that date. I will get backdated 

    Thanks for the replys 
  • calcotticalcotti Member Posts: 2,235 Pioneering
    edited March 28
    While responding in another thread I have realised that the advice I gave on 19th March may be incorrect. If you already had LCW when you reported the change in your health then the subsequent decision that you have LCWRA, and the LCWRA element, should be backdated to the first day of the assessment period in which you reported the change (without the three month wait).
    See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864911/admf5.pdf
    Paragraph F5046 refers.

    So LCWRA element should be paid from January/February payment (which will depend on how the date you reported the change outs in with your assessment periods).

    Apologies for incorrect advice previously.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • erin2490erin2490 Member Posts: 43 Connected
    Oo really thats good then as she said lcw finished in the 9th of january 2020. And im entitled to lcwra from the 10th jan 2020.
    She is still calculating, so from what you are saying im entiled to it from that date without a 3 month wait ?x
  • calcotticalcotti Member Posts: 2,235 Pioneering
    edited March 28
    erin2490 said: She is still calculating, so from what you are saying im entiled to it from that date without a 3 month wait ?x
    I believe so, based on the guidance I referenced. What day of the month do you get your UC payments?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • erin2490erin2490 Member Posts: 43 Connected
    Ah ok thanks, they are taking forever to calculate it.. i dont know why its taking so long. i get them on the 10th x
  • calcotticalcotti Member Posts: 2,235 Pioneering
    So if your pay day is 10th your assessment period is the 4th to the 3rd. If you reported the change sometime in January (from the 4th) the LCWRA should be included in the assessment period for 4th January to 3rd February which would mean the LCWRA would be payable in the 10th February payment and for each subsequent one. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • erin2490erin2490 Member Posts: 43 Connected
    Right ok and yea i think i get you thanks for your help. Just frustating at how long its taking to get it all sorted. Shes been working on calculations since the 19th apparently.. so when she eventually get the correct calculations. She  said she has to send them for checking which takes 3 to 5 working days... then once shes got them back she said she has to get intouch with debt managment to see if i owe owt there and then i will get any moneys owed.... not in 7 days as the letter lead me to believe.
  • calcotticalcotti Member Posts: 2,235 Pioneering
    They have to recalculate your award for each month that is affected and then compare it with what you were actually paid in order to calculate the arrears due.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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