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Lcwra underpayment

milky9306

Hi,

Hoping someone can clear up my underpayment. I've just been told i've been accepted for lcwra on the 10th june 2022 the same day i got told in my journal about the amount of back pay i'll be getting. Very happy but i'm questioning the amount of backpay i'm getting.

My situation has got abit confusing as i was put forward for a health assesment but i was still kind of working at the time in between.begin off sick and going back to work. Well i ended up begin off sick permentalty. I first declared a fit note in Dec 2020, then again in March 2021 Jun 2021 July 2021 August 2021 and so. It was only recently i persisted with messaging my journal about when i'm going to finally get assesed.

They apologised and said it was an error on thier part as it automaticly flagged up before when i was still inbetween working and off sick. I was told it had to be done manualy from a workcoach. Even though i was asking for ages amd kept getting ignored. Well i finaly got assesed passed and my backpayment is from Assessment period: 28 September to 27 October 2021.

I've looked back and i was providing fit notes way before this? I can't see in my journal or anywhere on my uc how they come up with this date to back pay me from. From my working out it should be at least as far back as Jun 2021?

Sorry if i'm not making much sense. I hope someone can understand what i'm trying to say 😅

Thankyou

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Comments

calcotti

If they're making the payment for Sept to October that suggests they've taken the medical condition as reported in June 2021.

Were the Fit Notes from December 2020 continuous?
When did you work end?
When you were working were you earning more than 16 x NMW.
Are you in receipt of PIP?

janer1967

Hi and welcome to the community

Have you taken into account the 3 full assessment period wait time ? For which you don't get paid

Only a suggestion in case you hadn't

poppy123456

The waiting period for LCWRA is 3 full assessment periods and then it's paid from the 4th month after you first reported your health condition, providing you sent a fit note within 7 days of this.

A few questions before anyone can help.

What date exactly did you first report your health condition?

What date do you usually receive your money each month?

Did you continue to send in fit notes without any gaps for the whole time since you reported your health condition?

milky9306

Wow thank you all for your fast response!

My payment dates are the 3rd and 17th of each month.

The December 2020 fit note was my first fit note. I then went back to work till March 2021 until it got too much. And i've basicly been off sick since March 2021 handing in continious fit notes each month. I think even with the 3 months assesment period it seems short.

Also i wasn't earning nowhere near 16x the nmw when i was working.
I did briefly get put on ESA but never got any payment at all from that i guess because i was on UC? Was a tad confused why they put me on that and didn't actually recieve any money? Maybe i haven't paid enough NI credits 🤷‍♂️

Thank you all for taking the time out your day

milky9306

calcotti

If you are treated as off work since March 2021 then you would expect the LCWRA to be payable from July (depending on exact date in March health condition was reported.

If you supplied continuous Fit Notes from December 2020 through to March 2021 then you should have been referred for a WCA back in January 2021 if your earnings were below 16 x NMW/week. I'm not clear whether you did supply continuous Fit Notes or whether you stopped supplying them in the mistaken believe that you couldn't because you were doing some work.

The ESA is probably to do with not meeting the NI requirements.

milky9306

Hi Calcotti,

Thank you for your response. I've just looked i reported a fit note in march and for some reason not in april or may. It was from Jun 2021 they was continuious. Please see the photo i uploaded to regards when i got first refered for the wca.

It was abit of an up and down few months of me needing time of work getting a months fit note and then me going back to work the following month until i just couldn't work anymore.

Thank you

milky9306

calcotti

milky9306 said: It was from Jun 2021 they was continuious.

In that case their decision is correct.

calcotti said:

If they're making the payment for Sept to October that suggests they've taken the medical condition as reported in June 2021.

milky9306

This is when they have made the change from, when they adjusted the payments section. If June is the case and theres 3 months to come off it would still leave from what i've worked out 2 months missing? I'll upload the photo below.

Thank you for your fast responses

milky9306

calcotti

If you provided the Fit Note in your May/June AP.
The three APs June/July, July/Aug and Aug/Sept are the waiting months. LCWRA is payable for Sept/Oct - as advised by UC.

milky9306

Thank you so it's 3 assesment periods and not 3 months? I was counting june,july,august which left sep and august missing and it begin payable in November like it has been? I thought it should have been payable from the septmeber paydates September 3rd and 17th 2021.my confusion sorry.

calcotti

It is as poppy said earlier

poppy123456 said:

The waiting period for LCWRA is 3 full assessment periods and then it's paid from the 4th month after you first reported your health condition..

It can be difficult for people to take in.

milky9306

😅 sorry even that is confusing as if it was "paid" in the 4th "month" that would be Septembers pay days on the 3rd and 17th. But instead it's Novembers pay dates 🤦‍♂️.

Thank you for your help though, i know i wasn't alot of help with my questions.

UC should make it easier when writing it out to understand.

Thank you again

calcotti

"paid from the 4th month after you first reported your health condition."

You reported in June. Four months after June takes you to October. Your fourth month is September to October which is what the October payments are for.

poppy123456

Remember that UC is paid 1 month in arrears, which is why it's paid "from the 4th month"

milky9306

Oh of course yes it's paid in arrears 🤦‍♂️ sorry for sounding so dumb.

It makes sense now. It was just added confusion as it's been like 2 years of ups and downs with my health etc.

Thank you for taking the time out to reply to me and help me understand it better!

Now time to apply for PIP again got refused last time as apparently i sat the assesment well and anwsered questions without hesitation 🙄.

Thank you again.

poppy123456

Did you challenge the PIP decision? If not was there any reason why?

If you didn’t and the decision was less than 13 months ago then you’re still within time to request the Mandatory Reconsideration but you’ll need to give reasons why you’re late requesting it.
To constantly reapply using the same evidence you previously used isn’t helpful.

milky9306

No i didn't, looking back i really should have. I was going through a really bad place at the time. Just didn't have the fight in me. And just having that sort of reply back was so dishearting the person who assesed me was so blunt. Thank you. I'll have to check but i'm sure was way over a year ago now.

I do have alot more supporting documents now luckily with different hospital results etc to send in with the assesment. I've got abit more fight in me now. Just makes you wonder how me sitting through the phone assesment well can be good enough to not get it. I'm still able to talk. Strange old system they have in place