Unsure of UC backdated amount?

calcotti

As regards the UC claim and reporting health conditions. Logging the health issues is part of the UC claim process. However, where a claimant has already had a WCA as part of ESA, this recording the conditions as part of the UC claim will not be treated as a request for a reassessment unless explicitly requested (otherwise all claimants transferring would end up being reassessed which would be hugely disadvantageous to claimants). An ESA WRAG claimant will therefore be treated as having LCW and a ESA Support Group claimant will be treated as having LCWRA.

My opinion is that UC were correct to treat him as having LCW and then to treat the later submission as a change of circumstances/request for reassessment. If you have managed to get a decision which brings the LCWRA forward you have done well to achieve this.

harvey119

Okay many thamks for all of your help and information, it's very helpful. I have put the message about them removing the lcw rate at start of claim on the journal and I will let you know the final results when it happens. Thanks so much again  

harvey119

Quick update, I have recieved the letter from the tribunal now. It states there:

The appeal is allowed

The decision of secretary of state on 18/08/2020 is set aside

The appellant is entitled to uc with the LCWRA component 

calcotti

If that is from 18/08/2020 then the LCWRA element should be payable from that assessment period.

harvey119

so im assuming that i was correct in thinking that he would get the LCWRA from start of his claim in august

harvey119

Great news

Adrian_Scope

That's great news @harvey119! Thanks for updating us and glad you got it sorted.

Richteachouxsnack

Was this decided on paper or did you go to tribunal 

poppy123456

Richteachouxsnack said:

Was this decided on paper or did you go to tribunal 

This thread is more than 2 years old and the member hasn't been active for the same amount of time so you may not get a response.