Hi, my name is angiehadenough! LCWRA, they are saying no backpay

angiehadenough

After handing in sick notes since Aug 2018, my husband finally had a wca for universal credit in July 2021. We got accepted for lcwra. Now they are saying no back payment and have to wait 3 months for payments to start. My understanding is its paid 90 days after 1st sick note. Never missed a sick note. His condition has not changed due to life changing stroke. I've appealed told by someone at u c that their manager even started the appeal before I called. Can someone please give me advice 

poppy123456

HI,

Was this his first work capability assessment? Was there any reason why he had to wait so long for the WCA because that's an awful long time.

angiehadenough

His 1st one after 3 mini strokes was turned down. Appealed turn down. Had to reapply 2 forms they lost 3rd received. Covid hit only just had assessment 

poppy123456

OK thanks for that information. When was the decision made on the very first decision that found him fit for work? and when was the worsening of condition reported? Sorry for all the questions but no one can advise correctly without all the information.

angiehadenough

1st decision made 1st April 2019. Appealed 29 April 2019, turned down. Major stroke reported jan 2019. Was told they couldn't change what was on the lcw form. Told to reapply after the decision was made. Sent 3 forms off 2 lost. Covid hit and just had assessment last month. All sick notes have said the same

poppy123456

Then it won't be back dated as far back as 2018 because at that point the decision was fit for work. The waiting period should start from when you reported the worsening of condition or a new condition, what ever date that was. There's a 3 full assessmenrt period waiting time and then the extra money is paid from the 4th month.

angiehadenough

This was jan 2019. They are saying its paid from 8 July 2021 that was date of assessment. 

poppy123456

That's not correct, if you report a worsening of condition or a new condition. It should be paid from either April or May of 2019 depending on when exactly it was reported.

calcotti

angiehadenough said:

After handing in sick notes since Aug 2018, my husband finally had a wca for universal credit in July 2021. 

angiehadenough said:

1st decision made 1st April 2019. Appealed 29 April 2019, turned down. Major stroke reported jan 2019. Was told they couldn't change what was on the lcw form.

As I understand it.
Reported health condition in August 2018. A decision on that was made in April 2019 finding him fit for work.
In the meantime you had reported a change in health condition in January 2019. An assessment for this took place in July 2021.
I am not clear when the WCA form that is the basis of the current decision was issued and returned.
On the face of it a new WCA form should have been issued in February 2019 and the recent decision should be backdated to January 2019 with the LCWRA payable from may 2019.

You should be saying to UC that the recent decision is a response to a change of health circumstances reported in January 2019 and therefore you understand that the LCWRA element should be payable from the fourth full assessment period after you reported that change.

angiehadenough

Thank you for your help.