LCWRA reassessment and backdated payment — Scope | Disability forum
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LCWRA reassessment and backdated payment

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Nic_D
Nic_D Community member Posts: 2 Listener
edited December 2021 in Universal Credit (UC)
On Aug 18 2021 I was reasessed to LCWRA prior to that I was on LCA from Aug 18 2019. I asked  in my UC Journal to be re assessed first in Aug 2020, then Again in October 2020 , and again in November 2020. At the end of December 2020 I received a reasessment form which I submitted early Jan 2021. In late July 2021 I  reasesent interview for LCWRA and  around a month later August 18 21 I was then informed I'd new moved into the LCWRA group and should receive a payment sometime. I then had the first  payment l around Sept 18  2021. As I had to wait so long after making the application should my claim be backdated to when I submitted the form eg in Jan 2021. I did ask about this and I thought they said I should get a backdated payment around 3 months after. I have telephones again 4 months after my first inquiry and their response was
"I'm  not Due any backpay becuse it's a reassessment,  it states my new rate should already be included in  my universal credit payments (which is £340 something).which I I was awarded 18 Aug  21   they also stated limited  capability for work has been awarded and the relevant period does not apply as this is a review of a previous decision in which the right pay has already been served" so after I guess I won't be getting a backdated payment from when I first submitted the UC50 form in Jan 2021 to when I was actually put into the LCWRA group and re-assesed in Aug 2021.  It doesn' make sense or sound fair?
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited December 2021
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    The response you received would be correct if the review had been initiated by DWP.

    As you already had LCW and as it was you that reported a change and requested a reassessment the LCWRA element should be backdated to August 2020.

    Post a note in your journal
    As the reassessment was the result of me reporting a change in my condition and requesting a reassessment I believe the LCWRA element should be backdated to the assessment period in which I reported the change (in August 2020). See Advice for Decision Makers paragraphs A4215, A4307 and F5046. Please review your decision not to backdate the element.
    ———-
    (You can find the ADM here
    https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide)
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • Nic_D
    Nic_D Community member Posts: 2 Listener
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    Thank you I will revie the info and follow your advice

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