nav[aria-label="Primary Navigation"] { padding: 0; & ul { list-style: none; width: 100%; display: flex; flex-direction: row; justify-content: start; align-items: start; gap: 30px; padding: 0; & li { margin: 0; } & ul li { list-style: none; } } }

We want to hear from you: please tell us about your experience of the online community.

What does it mean for appeal to be remitted to the secretary of state to make a final decision?

lb35

wondering if someone can help I recieved a letter saying I had won appeal but then at back it says the matter is now to be remitted to the secretary of state to make a final decision upon entitlement to universal credit anyone know what that means

Find more posts tagged with

Comments

poppy123456

It means it's up to DWP to put the award into payment. They have the same right of appeal as we do but before they can appeal they need to request the Statement of reasons and record of proceedings which they need to do within 1 month of the date of the decision.

It can take up to 8 weeks, sometimes longer to pay you any money that's owed.

lb35

thank you I just wasn't sure if it meant appeal wasnt allowed a was confused by letter cause it said it was allowed then said that

L_Volunteer

Hi @lb35

Welcome to Scope's forum. It is great to see you have joined us. How are you today? Thanks for your great question. It would seem @poppy123456 has already responded to you. Please can I ask you to confirm whether you feel your question has been answered? If you do need any further clarification or support with this, please don't hesitate to let us know!

lb35

no that was all a was wanting clarified a qas just confused woth the whole final decison bit was hoping this would be rhe end but a think a will be in for a we bit of a wait now

poppy123456

You will only receive extra money if the decision was definitely Limited capability For work related Activity. (LCWRA)

If the decision was just LCW there's no extra money for those who's claim started after April 2017.

lb35

yeah when I had assesment I was found to have the lwc which I then went on to appeal and I had my tribunal Thursday last week recieved letter today say I had been awarded the lwcra element with a recommendation on 24 months from date of letter

lb35

sorry letter from the tribunal not heard anything from dwp yet

poppy123456

The 24 months is just a recommendation, DWP can reassess you anytime from 3 months. Although backlogs are huge at the moment of people waiting for their first assessment. Therefore i would think reviews are the last thing on their minds.

lb35

yeah a thought that to be honest all I can do now is wait and see what happens I first handed in my fitnote the 9th June last year

poppy123456

There's a full 3 month assessment period waiting time from the date you reported your health condition and the dates of your assessment periods. (or when you usually receive your money each month) The extra money is paid from the 4th month of your claim. So it would be paid from either October or Nov.

lb35

a get Statenent the 1st and paid the 5th every month not sure how it works

poppy123456

If you get paid on 5th of each month that means your assessment periods (AP) are from 30th to 29th of each month. Your fit note was reported in the May/June AP. If this was the same date you reported your health condition then your waiting period will be June/July, July/Aug, Aug/Sept.. LCWRA starts from AP sept 30th to Oct 29th and first payment will be 5th Novemebr which means they owe you 4 months money up until 5th Feb.

lb35

do you think the new element will be included in this month or another month added in to backpay at all thank you very much for your help this is my first time doing anything like this

poppy123456

It may not be because it can sometimes take several weeks to put an award into payment after a Tribunal win.

lb35

OK thank you for your reply

lb35

just another quick question sorry how long does it normally take dwp to acknowledge the tribunals decision and decide if they are going to appeal it

poppy123456

Previously answered here

poppy123456 said:

before they can appeal they need to request the Statement of reasons and record of proceedings which they need to do within 1 month of the date of the decision.
It can take up to 8 weeks, sometimes longer to pay you any money that's owed.

They sometimes request the above but rarely appeal it.

lb35

oh sorry so basically chamces are slim to hear from them before the 4 weeis

poppy123456

No, i never said that. I said "sometimes" they request them.

lb35

aw OK sorry for reading it wrong thank you for taking the time to answer me back