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LCWRA reassessment and backdated payment

Nic_D
Nic_D 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?

Comments

  • calcotti
    calcotti Member Posts: 3,746 Disability Gamechanger
    edited December 2021
    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.
  • Nic_D
    Nic_D Member Posts: 2 Listener
    Thank you I will revie the info and follow your advice

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