LCWRA Question

mv1614

Hi, I am really sorry, as I know there are multiple conversations on LCWRA, but I wanted to ask a question regarding my situation.

When me and my partner first claimed for Universal Credit back in 2020, I told them I was unable to work as I had left my last job due to depression and anxiety, and that I was awaiting an autism assessment. I had been receiving fit notes initially, but obviously by the point I resigned, there was no longer any need.

I was told by Universal Credit that, as my son was still too young for nursery, I wasn't in the work group as I was his main carer, and thus didn't need to provide any fit notes to them.

In April of this year, my son turned 3 and I was placed in the work focus group, at which point I provided a fit note, and informed them of my inability to work, and was told they would start the process for an assessment.

It was determined after my assessment, that I qualified for LCW, and would no longer need to provide for notes, which I had been giving them through April-July (the relevant period).

After 3 long years, I received my autism diagnosis and appealed the initial LCW decision. I was notified a few days ago that the decision has been amended to LCWRA.

They have altered our Universal Credit payments for August and September, and determined that I am owed £708, then from now on our UC will include the additional element 

So, if the assessment process began in April, and the relevant period ended in July, the first payment - had the correct decision been made initially would indeed have been in August, but would it not have also included the backdated payments from April-July? I have read that it is usually backdated to when the condition was first reported to Universal Credit, but they haven't paid me this.

I am hesitant to appeal agin, as you always have the worry of them taking everything back, but I guess my question is, am I owed the payments for April-July in addition to the £708 they have awarded me, or am I just getting it wrong?

Kind regards,
Mark

Cher_Alumni

Hi @mv1614 and a warm welcome to our online community. I hope you've had a lovely Friday.

I'm sorry you've not received a reply to your thread as of yet however I've flagged it up with a colleague who is more knowledgeable in this area, and they will reply asap. 

Take care and I look forward to talking more in the future. 

poppy123456

There's a full 3 month assessment period waiting period and the extra money is then paid from the 4th month after you reported your health condition. It's not paid at all during that waiting period.

Depending on what date exactly you sent your first fit note and what date you usually receive your money each month then it's not possible to tell you exactly what it's paid from.

From the limited information it would be from either August or September. As you receive money for August and September then i would say that's correct.

mv1614

poppy123456 said:

There's a full 3 month assessment period waiting period and the extra money is then paid from the 4th month after you reported your health condition. It's not paid at all during that waiting period.

Depending on what date exactly you sent your first fit note and what date you usually receive your money each month then it's not possible to tell you exactly what it's paid from.

From the limited information it would be from either August or September. As you receive money for August and September then i would say that's correct.

Thank you for the response.

They have added the £354.28 to my August payment, and same for my September payment.

But provided I sent in fit notes in April, May and June, during the assessment period, do I not also get those months backdated? I thought they paid it back to the date you started the assessment process?

poppy123456

As I advised, the extra money isn’t paid at all during the waiting period. Therefore, the LCWRA will not be backdated to April. They have paid you correctly.
See link and scroll down to “when the LCWRA is awarded. https://www.entitledto.co.uk/help/Long-term-health-condition-or-disability-Universal-Credit

Adrian_Scope

Hello @mv1614 and a warm welcome to the community. 

To echo what @poppy123456 has said, there is a wait period of 3 full assessment periods before LCWRA would be put in payment. Unfortunately they don't pay LCWRA during this relevant period, so your payments would begin in August which it sounds like they have done. Sorry it isn't better news...

Our of curiosity, when you first told Universal Credit that you were unable to work and they informed you that you did not require a fit note, was this communicated through messages on your journal? 
While they are correct that you were already in the 'no work requirements' group so didn't need to provide them, it was somewhat misleading of them as you could still have been referred for a work capability assessment back then had you provided fit notes from the start of your claim. 

calcotti

mv1614 said:

I was told by Universal Credit that, as my son was still too young for nursery, I wasn't in the work group as I was his main carer, and thus didn't need to provide any fit notes to them..

You could make a complaint about this advice because it has delayed you having a WCA and therefore delayed your possible entitlement to extra money. However it may be difficult to demonstrate whether or not had you been assessed earlier you would still have qualified for LCWRA.

mv1614

Thanks for the replies guys, it's really appreciated.

I have thought about complaining, but from what I can remember, it was my work coach at the job centre. He asked me to come in, in person, to agree to my commitments at the time, and I was told I wouldn't need to present fit notes until notified.

I had already been out of work for nearly a year by this point, taking counselling and trying to get through a bad period. So when they said no fit notes, I was a bit relieved to be honest, not to have to prove anything to anybody for a while, but now I see how it has affected me with regards to LCWRA.

calcotti

mv1614 said:

I have thought about complaining, but from what I can remember, it was my work coach at the job centre. He asked me to come in, in person, to agree to my commitments at the time, and I was told I wouldn't need to present fit notes until notified.
.., but now I see how it has affected me with regards to LCWRA.

That”swhatyou could complain about. The Work Coach should have been adequately trained to realise the implications of the advice not to provide Fit Notes was not appropriate.

mv1614

calcotti said:

mv1614 said:

I have thought about complaining, but from what I can remember, it was my work coach at the job centre. He asked me to come in, in person, to agree to my commitments at the time, and I was told I wouldn't need to present fit notes until notified.
.., but now I see how it has affected me with regards to LCWRA.

That”swhatyou could complain about. The Work Coach should have been adequately trained to realise the implications of the advice not to provide Fit Notes was not appropriate.

Would I have to raise it as a Mandatory Reconsideration? Just as it always worries me they will come back reversing the decision to award LCWRA.

Or is there a different complaints process for something like this?

poppy123456

The LCWRA decision won’t be affected by the complaint. 

Details here on how to make that complaint. https://england.shelter.org.uk/housing_advice/benefits/how_to_complain_about_universal_credit