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UC. Any advice on appealing the backpay?

jmolo89

I got awarded my UC incapacity to work benefit I started the claim back on the 15th of march and on the 26th of July I had my assessment and on the 01/08/22 they have awarded me it but they are only backdating the claim June to July and then said there is a 91 days waiting list and there only going to pay me £350 they said I can appeal this and it can go to a decision maker can anyone give me any advice on this

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calcotti

If you declared a health condition supported by a Fit Note on the 15th March, when you claimed, then the LCWRA status should start from that date. However there is a fourth month delay before you are entitled to extra money. I assume you are paid on 21st of the month. The first payment would be due on 21st July so if they are paying you from that date that is correct.

jmolo89

I get payed on the 2nd but they are saying there going to be paying me £350 on the 04/08/22 so how much do I get do I get payed evrey 2 weeks £235 or just 1 a month along with my uc

calcotti

jmolo89 said:

I get payed on the 2nd ..

You appear to be receiving two payments/month presumably 21st (based on claim start of 15th) and 2nd (although I can't marry those dates because they are not a fortnight apart).

Essentially you get a extra £354.28/month but obviously this will be split across the payments because you get half your monthly entitlement with each payment.

Based on your normal payment date being 21st July I would expect you to get half on 21st July and half on 2nd August. However, in this instance they have obviously decided to pay it all on 2nd August. Thereafter i would expect it to be split - but you can always ask them to clarify. You will not get an extra £354/fortnight!

jmolo89

No I didn’t claim it’s the time since I sent them the first sick note was on the 15th that’s when it should have been back dated since

calcotti

jmolo89 said:

No I didn’t claim it’s the time since I sent them the first sick note was on the 15th that’s when it should have been back dated since

As advised although the LCWRA status is backdated the payments do not start until 4 months in because there is a waiting period.

poppy123456

jmolo89 said:

No I didn’t claim it’s the time since I sent them the first sick note was on the 15th that’s when it should have been back dated since

That's not correct. As advised, the extra money isn't paid at all during the waiting period. Which is 3 full assessment periods. It's then paid from the 4th month.

jmolo89

I don’t understand that

calcotti

jmolo89 said:

I don’t understand that

Not sure what there is to understand. The law simply states that if people are found to have LCWRA they do not get paid extra money until the fourth month. (These rules are the same as apply for ESA.)
In your case you will have been found to have LCWRA from the start of the claim but you have to wait that four month period before receiving extra money.
(The only exception to the wait is for people with less than twelve months to live.)

jmolo89

Okay so how much do u get payed for that benefit

calcotti

jmolo89 said:

Okay so how much do u get payed for that benefit

For what benefit?

jmolo89

Incapacity to work

calcotti

jmolo89 said:

Incapacity to work

That isn't a benefit. You have already been found to have Limited Capability for Work and Work Related Activity. That is the outcome of your Work Capability Assessment and you will receive extra money from the fourth month as already explained.

jmolo89

What do u mean by the fourth month and is that esa

calcotti

jmolo89 said:

What do u mean by the fourth month and is that esa

I've obviously confused it by referring to ESA. I was just making the point that the rules for UC and the old benefit ESA are the same and there has always been a waiting period. The fourth month means the fourth month of your UC claim. You do not get extra money for being ill in those first months (unless terminally ill).

jmolo89

anything after that then I would have been backdated after 4 months so how much will I be getting from UC and the incapacity benefit do I get payed 2 times a month at £235 or once at the end of the month

calcotti

jmolo89 said:

anything after that then I would have been backdated after 4 months so how much will I be getting from UC and the incapacity benefit do I get payed 2 times a month at £235 or once at the end of the month

I have already advised that I would expect the extra £354 to be split across your two payments so each payment would increase by £127. If you want certainly ask UC through your journal.