LCWRA - years late... and backpay dates for sick notes

sparklenight34

Hello,

My daughter started claiming universal credit in 2017, at that time the work coach reviewed her medical evidence which included a DLA higher rate care award valid till 2022 and various documents. 

They set her commitments simply to attend her medical appointments and check her journal occasionally. 

This remained the case and she received universal credit for several years without issue or hassle. I didn't realise at the time but during this time she was never paid any additional components or officially put into any category such as the support group or similar. She was only paid the basic allowance of £300 pm or similar.

Only last year did the DWP contact her and suddenly claimed to have no knowledge or medical evidence regarding her conditions, and suddenly expected her to be fit for work. (Despite the commitments stating only to attend medical appointments etc....)

It seems for whatever reason she remained on UC without being sent for a WCA or being given an additional payment component...  Eventually a WCA took place and she was found as LCWRA recently.

A few questions...

1. They have not backdated the LCWRA, I understand it should be backdated to the date they were first notified of her condition... Well this was years ago so I'm not sure how that changes things?.

However assuming backpack is only possible since sick notes have been issued...

2. She supplied continuous fit notes as requested, the first note was requested on the 26th of February, and at that time her journal was updated to notify them the fit note was being issued. 

Due to technical issues at her doctors practice it took them until the 8th of March to get the note to her (it was in the system just they had email issues).

So on the 8th of March the note was added to her universal credit account and the dates were listed as stated on the sick note (valid from the 26th of February). This sick note was accepted. 

They are taking her LCWRA award from the 8th of March, meaning no backpay, shouldn't they base the award date on the dates listed on the certificate, combined with the notification of her condition and sick note request on this date?

And finally ....

3. The fact she was never told or given the opportunity to receive the much larger LCWRA sum for several years due to DWP error I suppose... Does she have any rights to compensation or backpay regarding this?.

Her disabilities have been unchanged for decades so she would have also been LCWRA years ago and been receiving approximately double the income.

Thank you so much in advance and apologies for the long read. 

poppy123456

The waiting period starts from when you report your health condition, providing you sent a fit note within 7 days of that and continued to send them without any gaps. The waiting period is 3 full assessment periods and then it's paid from the 4th month after that.

All you can do at this stage is make a complaint about not receiving the correct information about fit notes when she first claimed UC. You can do that here. https://makeacomplaint.dwp.gov.uk/

sparklenight34

Thank you for the reply. 

Specifically on the fit note date, she added a note to her Journal and informed her work coach on the 26th of February that the sick note was requested, and the sick note itself is dated by the doctor as starting on the 26th...

It would seem logical that the award should be dated from the above date, however they are basing it from the 8th of March simply because that's when the note was added to the site (due to delay in receiving it).

So the medical evidence is dated from the 26th, and they were notified of this and her medical conditions long before, so shouldn't this be the applicable date?

Is anyone able to clarify if this is correct?. 

And finally she was never told or given the opportunity to receive the full allowance as the DWP seemingly forgot to arrange a WCA or attempt to for the first few years, would this be something to complain about?

Thanks

calcotti

sparklenight34 said:

And finally she was never told or given the opportunity to receive the full allowance as the DWP seemingly forgot to arrange a WCA or attempt to for the first few years, would this be something to complain about?

I think that is something you could complain about.

poppy123456

sparklenight34 said:

And finally she was never told or given the opportunity to receive the full allowance as the DWP seemingly forgot to arrange a WCA or attempt to for the first few years, would this be something to complain about?

So when did she first report her health condition exactly because you said it was 26th Feb, would that be 2022 or?

calcotti

poppy123456 said:

sparklenight34 said:

And finally she was never told or given the opportunity to receive the full allowance as the DWP seemingly forgot to arrange a WCA or attempt to for the first few years, would this be something to complain about?

So when did she first report her health condition exactly because you said it was 26th Feb, would that be 2022 or?

I think the complaint would be that the WorkCoach was aware of the medical issues in 2017 but did not support/advise the claimant by providing them to report the health condition and to supply Fit Notes in order to trigger the WCA.

poppy123456

calcotti said:

poppy123456 said:

sparklenight34 said:

And finally she was never told or given the opportunity to receive the full allowance as the DWP seemingly forgot to arrange a WCA or attempt to for the first few years, would this be something to complain about?

So when did she first report her health condition exactly because you said it was 26th Feb, would that be 2022 or?

I think the complaint would be that the WorkCoach was aware of the medical issues in 2017 but did not support/advise the claimant by providing them to report the health condition and to supply Fit Notes in order to trigger the WCA.

Thanks calcotti, i agree. I should have read the complete thread again before commenting. It's been a long day.