Advice on back pay

nickzzx

Hi, my partner was awarded the fit for work with related activities on sat from universal credit and has been told he has to wait 3 months from this date to get any back pay? We have been waiting 7 months for this and I thought it was paid straight away after decision? 

poppy123456

The waiting period starts from when the health condition was reported. Then there’s a full 3 month assessment period waiting time. It’s the paid from the 4th month of your claim. 

When it’s paid from will depend on what date the health condition was reported and the dates of your assessment periods. Or what date you usually receive your payment each month. 

nickzzx

That's exactly how I understood it. It's been 7 months since the date my partner 1st made a claim for being sick. I was under two understanding he would receive 4 months of that straight after he had been awarded but they said today he has to wait 3 months from datell of actual decision. I'm so confused and bloody skint 

calcotti

nickzzx said: they said today he has to wait 3 months from datell of actual decision. 

That’s simply wrong. Post a noteback in your journal. Something along the lines of

I understand that the three month waiting period is the three full assessment periods following the date on which I reported my health condition. I therefore consider the decision that the waiting period will be taken from the date of the decision to be incorrect. Please therefore review the decision. Please refer to Advice for Decision Making Staff paragraph F5031.

nickzzx

Thank you for that will do that and get back on reply. The past 2 days the only reply we been getting is you have to wait 3 months from the 8/4/22 the date of decision, the decision letter states 3 months from claim date and that any payments due will be paid in 7 days. Hopefully will get a different reply to this message.

poppy123456

It’s not the first time they’ve got this wrong and I’m sure it won’t be the last. 

nickzzx

Does this happen often then poppy? After being told for 2 days we aren't getting the allowance for another 3 months we had both given up hope. Dispite reading his decision and Google pages over and over. None of which say you have to wait after dicision. 

poppy123456

I wouldn’t say very often but there has been other members here who’ve had the same issue. 

It’s terrible really when they don’t even know their own regulations.

nickzzx

Hi all, I've got absolutely no where today with universal credit they areally stI'll saying the 3 month period starts from 8/4/22 we have proof the claim was made on18/9/21 as we were refused esa due to nI contribution. Where do I go now? Would like someone to actually speak to that knows what they doing because helpline is a waste of time get told message will be passed on to case manager. Help please where to turn now? 

poppy123456

You can request the Mandatory Reconsideration (MR) of the decision not backdated the money to the 4th assessment period. You can do this on your journal and it will then be passed to a decision maker. When you do this please refer them to  "Advice for Decision Making Staff paragraph F5031".

nickzzx

Will that hold up the claim any longer? We've been waiting nearly 8 months now. Worse thing is my partner had to give up work 2 days before our son was born so we are struggling xx

poppy123456

It would yes but not anymore than it's already being held up at least it will start the ball rolling so to speak.

Can i just check that fit notes were sent the whoe time without any gaps? If there were gaps then this can affect when they pay the extra from.

nickzzx

Fit note have been sent no gaps they saying his claim starts from14/02/22 now but his medical assessment form had to be returned beginning Nov 21 and his actual assessment was on 4/2/22. I'm even more confused now so glad I've got yous all here x