Hi, my name is GemGem87! Should my UC have been updated?

GemGem87

Hiya i need some help please... I started sending sick notes to UC in sept-oct and was awarded the support groupe on 4th jan, ive only been given my 1st payment in mid may so waited all this time to recieve payments, surely t should be backdated?? But UC say not? But CAB say they should. 

janer1967

You should be backdated to 3 months after you reported the condition 

chiarieds

Hi @GemGem87 - & welcome to the community. I hope you manage to get this resolved, as you should receive backdated payments as Jane says.

GemGem87

Hiya Guys? thank you for the replies, Nope ive not had nothing, i sent my 1st sick note in sept or oct and had to do that till January, thats when i was awarded the support group for my COPD and mental health oroblems, its now may and my statement arrived tday and ive got the extra £342 but nothing else x

calcotti

You need to ask UC about backdated.

If this was an existing claim something along the lines of:
I first reported by health problems to you on xxx. I provided Fit Notes to support this. I have now been found to have LCWRA, I understand that the LCWRA element should be payable from the fourth complete assessment period after I reported my health condition. I am told that Regulation 28(2)(b) is the relevant regulation. Please review my previous payments and pay me any arrears due.
-------
Have you had any earnings taken into account on your UC calculations since reporting the health condition?

GemGem87

ive asked them and they said... Theres 3 month health assessment time, and a 3month UC assesment time... so they said i dont get anything, BUT citizen advice said i should get it backdated from wen i was accepted for the support group in january, it just seems long that i waited nearly 8-9month for my £342 payment to start

calcotti

GemGem87 said:

ive asked them and they said... Theres 3 month health assessment time, and a 3month UC assesment time... so they said i dont get anything, BUT citizen advice said i should get it backdated from wen i was accepted for the support group in january, it just seems long that i waited nearly 8-9month for my £342 payment to start

They have it wrong. The assessment is supposed to take place during the three month waiting time (known as the relevant period). Whether you are due it from January or February depends on exactly when you first reported your health condition and what days of the month your assessments covers. As previously advised I suggest you post a note in your journal - in the payments section.

As per my previous post have you had any earnings taken into account since you reported the health condition?

GemGem87

I was awarded it on the 4th jan and my assesment is from 8th-7th every month, ive had the 342 this time on my statement but no backdate, i was made redundant last june so not had anything interfear since then

calcotti

The date you were awarded it is not relevant. As previously advised it is the date you reported your health condition supported by Fit Notes that matters.

GemGem87

2nd ov October was when i sent my 1st fit note, ive just checked

calcotti

So this means you should have had the extra money backdated to your February payment.

You need to say:

I first reported by health problems to you on 2nd October. I provided Fit Notes to support this. I have now been found to have LCWRA.

I understand that, in accordance with regulation 28(2)(b) of the UC Regulations 2013 the LCWRA element should be payable for the fourth complete assessment period after I reported my health condition. I believe I am therefore entitled to the LCWRA for the assessment period of 8th January to 7th February and for each period since. Please review my previous payments and pay me any arrears due.

GemGem87

calcotti

OK, it looks as if they have already treated your comments as a request for a Mandatory Reconsideration so you do, as they say, need to wait for that decision. If they still do not agree to pay you from February you will be able to appeal to the tribunal service.

The statement they made on 9th of April that it is policy that the three months runs from the decision date is incorrect.

Regulation 28(2)(b) states (my emphasis)

28.—(1) An award of universal credit is not to include the LCWRA element until the beginning of the assessment period that follows the assessment period in which the relevant period ends.
(2) The relevant period is the period of three months beginning with—
(a) if regulation 41(2) applies (claimant with monthly earnings equal to or above the relevant threshold) the date on which the award of universal credit commences or, if later, the date on which the claimant applies for the LCWRA element to be included in the award; or
(b) in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

Hopefully the Decision Maker will know the law without further prompting but you could, if you wish, add a note saying:

In support of my request for a Mandatory Reconsideration of the decision not to pay the LCWRA element for periods prior to my May payment I request that the Decision Maker refer to regulation 28(2)(b) of the Universal Credit Regulations. I understand from this regulation that the LCWRA element should be payable for the fourth complete assessment period after I reported my health condition. As I first reported by health problems to you on 2nd October I believe I am therefore entitled to the LCWRA for the assessment period of 8th January to 7th February and for each period since. 

GemGem87

Ive just added that to my UC journal, i thought it was me that was in the wrong but even CAB are involved and said i should recieve the backdate very soon, will it be because its on Appeal that it mite be on hold?

calcotti

They made a decision. You asked them to look at it again. Nothing will change until they have made a new decision.
Either

• they will admit they made a mistake and will make a new decision paying you the arrears due, or
• they will make a new decision confirming the previous decision. If they do that you can then appeal to the tribunal service.

GemGem87

I just wanna know if ime entitled to backpay and if i am how cum its so hard to get it from them lol, Thank you for ur help, i feel like ime bangin my head against a wall and not getting anywere lol

calcotti

GemGem87 said:

I just wanna know if ime entitled to backpay 

Based on the information you have posted you are

GemGem87 said:

and if i am how cum its so hard to get it from them

Because some DWP staff appear not to understand the rules.

Please let us know when you get a new decision.

GemGem87

I thought they mite of told me its up for MR just to shut me up lol, its been longer than the 14days stated on GOV website that i  should of heard sumthing unless it does take longer on sum MR than others

GemGem87

Thank you for all your help, ile update you as soon as i hear something x

janer1967

Mr usually take a lot longer than 2 weeks ignore the gov guidance there are no fixed timescales and with the backlogs are taking longer than normal 

You only have to read posts in our uc section about hoping they are taking 

GemGem87

Ime new to this so ile have a read