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When should LCWRA be payable from? Feel like I'm being penalised for their slow response

amanda2107

Started a new claim for UC in April 2020 due to husband being furloughed, I was receiving ESA Contribution based (WRAG) until the week before claiming UC I had been in the Suppost Group up until 2019 and after assesment got put in WRAG group. Right from the start of UC I told them of my Illness and kept adding notes to my journal hoping for a reply, in December I actually managed to get it sorted and got awarded LCW from start due to transitioning from ESA and then got sent a the form to fill in how my illness affects me. Assesment carried out over phone and decision made for me to go into LCWRA group. My question is when should LCWRA be payable from as I can't get a answer from UC as far as Im concered they were aware from the start and I am being penalised for their slow response as they are saying its only from decision date but had they sent me the form earlier it would been awarded erlier.

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Comments

calcotti

Unless you specifically reported that your condition had deteriorated and requested a reassessment the LCWRA element will be payable from the AP in which the decision was made. if you did report a change then, I think, the LCWRA element should be backdated to when you told them. Simply including details of your health in the initial UC application will not be enough as this, in itself, would not trigger a reassessment given that you had already been assessed as having LCW.

amanda2107

Thanks, looking through my journal notes UC have actually put work capability assesment review applies from, if I can't tell them on my Journal about my illness from the start and numerous times after how else are you suppossed to let them know? My query is due to their lack of speed sending forms and assesment date why am I missing out on maybe 6 months back pay?

calcotti

amanda2107 said:.. if I can't tell them on my Journal about my illness from the start and numerous times after how else are you suppossed to let them know?

You can tell them about your health and obviously did. The point is that when you claimed you had already been assessed as having LCW. Unless you specifically told them that the impact of your health conditions on your ability to work had got more severe they would not know this. For their own reviews they can undertake these whenever they wish.