My husband has finally been awarded LCWRA. When will this be backdated to? — Scope | Disability forum
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My husband has finally been awarded LCWRA. When will this be backdated to?

nikkimack
nikkimack Member Posts: 6 Listener
edited May 2021 in Universal Credit (UC)
Hi 
I was wondering if someone could help me please. My husband has several disabilities so is unable to work, we have been claiming UC since 2018, we have been providing sick notes since we have been claiming, we completed a LCWRA questionnaire in August last year and my husband finally had his assessment  2 weeks ago and has been told he is entitled to receive the LCWRA payment, will this be backdated as we have been sending in sick notes for several years.
Thank you for your help 

Comments

  • calcotti
    calcotti Member Posts: 5,289 Disability Gamechanger
    edited May 2021
    Do you know why there was a long delay between claiming in 2018 and completing the UC50 last year? Normally the UC50 should be sent out 29 days after the health condition was reported and the LCWRA would then be payable from the fourth payment after the healthy condition was reported.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • nikkimack
    nikkimack Member Posts: 6 Listener
    Thanks for your message
    We never knew my husband could claim this, they just signed him off after every sick note as being unable to work. It wasn’t until August 2020 they sent a questionnaire for him to fill out which we sent back straight away but took 9 months for an assessment.
  • Popdiva43
    Popdiva43 Member Posts: 155 Pioneering
    ive got an assessment on the 12th of this month,aswell as taking pip to tribunal
  • calcotti
    calcotti Member Posts: 5,289 Disability Gamechanger
    Were the Fit Notes continuous?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • nikkimack
    nikkimack Member Posts: 6 Listener
    yes they were for months at a time and when one ran out we sent in another one right away. We also have one from feb 2020 to indefinitely 
  • calcotti
    calcotti Member Posts: 5,289 Disability Gamechanger
    What date have they said they are treating him as having LCWRA from?
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • nikkimack
    nikkimack Member Posts: 6 Listener
    They haven’t said they have said his first payment he will get will be on the 11th May, but not sure about backdated money 
  • calcotti
    calcotti Member Posts: 5,289 Disability Gamechanger
    As per my previous post
    calcotti said: Normally the UC50 should be sent out 29 days after the health condition was reported and the LCWRA would then be payable from the fourth payment after the healthy condition was reported.
    Obviously the issue of the UC50 didn’t happen until much later but there is a strong argument that the payment of LCWRA should be backdated to the fourth payment. 

    I am inferring that the health condition was reported at the start the start of the claim in 2018.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • nikkimack
    nikkimack Member Posts: 6 Listener
    Yes we updated them as soon as my husband was diagnosed 
  • nikkimack
    nikkimack Member Posts: 6 Listener
    Which was in 2018 and we sent a lot of evidence 
  • Adrian_Scope
    Adrian_Scope Posts: 8,553

    Scope community team

    Hi @nikkimack. Have you had any update or queried that backpay with them? If the fit notes were continuous with no breaks (of even a day) then it should be backdated to the fourth payment after he started submitting fit notes to them.
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