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Hi I'm Julie44! Should I appeal the start date of my LCWRA? Would I get my payment while appealing?

Julie44Julie44 Member Posts: 1 Listener
edited March 28 in Universal Credit
I started claiming universal credit in July 2018 I handed sick notes in straightaway and applied for LCW they said no twice  so in December it went to a tribunal and I got LCW   But thought I would get LCWRA as my judges letter was brilliant anyway my condition got worse in September last year so I did a change of circumstances its on my journal from then that I'M LIMITED FOR WORK AND LOOKING FOR WORK... then I got another journal entry saying it would be actioned by my December 20 20 pay date..... No this didn't happen... Then I was told I got to have a over phone medical.... This was supposed to be on 1st Feb this Yr no call happened I got a letter on the 10th saying the call on the 1st was postponed to the 19th Feb  I got a call saying it cudnt happen on that day so then it finally happened on 16th March I got awarded LCWRA on the 18th  and was told I should get back pay from wen I very first gave them medical proof back in July 2018.... Well I was so excited thinking I was getting quite alot of money..... NOOOO. I'm not owed anything and my first LCWRA payment isn't til May.even tho iv got it in my journal that it wud be actioned by April pay date ..... Now should I appeal the start date or not n will I still get the LCWRA payment whilst I'm appealing I been given so much false information it's crazy 

Replies

  • lisathomas50lisathomas50 Posts: 4,363 Disability Gamechanger
    @Julie44 hi welcome to the community some one will be able to help you when they are awake  and will be able to help 😊

    Hope to see you around the community 
  • calcotticalcotti Member Posts: 2,235 Pioneering
    edited March 28
    For the avoidance of doubt this is my understanding of the sequence
    • UC claimed July 2018 with reported health condition
    • After a tribunal you were found to have LCW (which was presumably applied retrospectively back to July 2018)
    • In September 2020 you reported a change in your health condition.
    • A WCA assessment took place and a decision was made on March 18th that you have LCWRA.
    Your question is when should you be entitled to receive the LCWRA element from.

    It will not be backdated to July 2018 because this assessment is in response to your reported change in health, it is not about how you were when you originally claimed.

    However, I think, because you already had LCW the LCWRA should be applied from the assessment period in which you reported the change. As you reported in September this will be your September or October payment depending on how the date you reported relates to your assessment periods.

    You should therefore request a Mandatory Reconsideration on the basis that you previously had LCW, you have now been found to have LCWRA based on a change in your health which you reported on xxxx. You understand that the LCWRA element should be included from the first day of the assessment period in which you reported the change.

    See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864911/admf5.pdf
    Paragraph F5046 applies.

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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