Hi, my name is rcm! If I'm found to have LCW/LCWRA at tribunal, will either be backdated?

rcm

Hi I am looking for a bit of advice really, I had a work capability assessment back in June 2020 and they deemed me fit for work, my work coach was a waste of space and messed up my mandatory reconsideration so now I am going to tribunal, my question is minus the 3 months, if I am found to have lcw or lcwra will either be backdated and if so what are the amounts? I'm so confused with it all at the moment. I am in reciept of pip already too
Thanks in advance 

poppy123456

Hi,

You will only receive extra money if you're found to have LCWRA. It will be backdated to the 4th assessment period from the date you reported your health condition. LCWRA was £343.63 per month from April 2021, slightly more with todays increase.

Those that are found to have LCW and started their claim after April 2017 will receive no extra money.

rcm

I wasn't sure if they would backdate if I am found to have lcwra, do you know what disabilities are eligible for the lcwra? 

poppy123456

It's not based on any diagnosis or disablity. It depends how your conditions affect you. You can see the descriptors for LCWRA here. At least one of them needs to apply the majority of the time. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

LCW you need to score at least 15 points. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work

Sue_Alumni

Hi @rcm

I am assuming your period of disability did not start before 3 April 2017, in which case @poppy123456 is right, you will not get an additional amount in your UC even if the Tribunal finds that you have limited capability for work.  It is still important to be assessed as having LCW as if you are earning you can keep a certain amount of your earnings before your UC is affected (called “work allowance”) and you have fewer “work related requirements”.

As @poppy123456 says, you don’t normally get the extra element straight. There is normally a waiting period of not less than 3 months.  You don’t say whether this is a new claim or whether you were transferring from ESA to UC.  If you were getting the Support component with your ESA, you should get the LCWRA element in your UC in your first monthly assessment period.  The DWP sometimes overlooks this rule.

So …

On the basis this is a new claim in order to get some additional money in your UC you need to show that you have limited capability for a work-related activity ie that you cannot carry out any work commitments or work related activities such attending work focused interviews or training due to your health conditions.  If you are unable to show this but show that you have limited capability for work you will have a reduced work commitment and will need to carry out some work related activities such as attending work focused interviews.

In order to be found to have LCW you need to score a minimum of 15 points across Parts 1 and 2 of the questionnaire.  To be found to have LCWRA you need to score 15 points in respect of any one function. Its not a tick box exercise – there are not any disabilities that automatically entitle you to LCWRA status (unless you are terminally ill) You must explain how your disabilities affect you and why because of your disabilities you cant manage to carry out any work or work related activities.  The DWP does not assume anything.  You need to explain the effect of your medical conditions in a workplace environment and how they would affect you getting to work.  If the DWP says you can manage to do work related activities, you should also challenge this especially if you have difficulties engaging with people and getting out and about. You said your work coach messed up – did you find it difficulty communicating with him? did he make things difficult for you  – this could be relevant to your claim.

Finally if you are able to show that by reason of your health condition or disability there would be a substantial risk to you or others if you were not found to have LCW or LCWRA, you should be treated as having LCW or LCWRA even if you haven’t totted up enough points or scored the necessary 15 points in respect of a single descriptor.  For example, if you can show the whole appeal process is affecting your mental health and causing your health to deteriorate in such a way there is a substantial risk to your physical or mental health or that of others.

If you were previously in receipt of ESA you should explain this to the Tribunal and explain that you don’t understand how you’ve now been found not to have LCW.

If you win at Tribunal and are found to have LCW you will not get any extra money over your Standard Allowance. 

If you win at Tribunal and are found to have LCWRA you will get a backdated payment of the LCWRA element from the expiry of the waiting period.   

The Tribunal is independent of the DWP and will look at the DWP's decision in its entirety.

Good luck and let us know how you get on.  

Richteachouxsnack

Can tribunal tribunal find you fit for work

poppy123456

Richteachouxsnack said:

Can tribunal tribunal find you fit for work

Yes they can.