Lcwra back pay calculation dates.

Paravento

Hi,

I’m looking for a bit of clarification about LCWRA if anyone can help?

I’ve been in receipt of UC since 2019. I had a WCA in October 2019 and was deemed fit for work. At the time I had no idea about anything benefits related and definitely didn’t understand anything to do with disability payments. I didn’t appeal but I should have, when I read the letter and it said I didn’t need to provide any more fit notes I presumed that was because they had agreed that I was ill. I knew nothing about it affecting payments or commitments. 

Anyway, my health continued to deteriorate and I submitted a change in circumstances in January 2020. I was not asked to provide fit notes so I didn’t, thinking they already knew and agreed that I was sick. I moved house 150 miles away in March so had to do all the transfer with the dwp etc. having looked at my journal I see I submitted fit notes from March 18th 2021 onwards (my assessment goes up to 17th of each month.  In the winter of 2021 my work coach said I’d have to have a WCA and sent me the forms etc, which I filled in and sent back as soon as I could. 

Got my appointment for the WCA for the end of august 2022 and on 6th September I had a letter saying I was entitled to lcwra and the payments started that month 23rd. I had to chase them to ask about back pay and I got a phone call today to say I am owed £2791.64 and this was from 21st Dec 21 to 16th Oct 22. 

From what I have read, isn’t backpay supposed to be due from 3 months after submitting the first fit-note?

And why was I not asked to provide fit notes from when I submitted a change in circumstances? Can I dispute this?

Any help gratefully received! 

calcotti

If you have been submitting continuous Fit Notes from the first day of your March to April 2021 period you should be paid LCWRA from the June to July 2021 period.

You could make a complaint about not being advised to provide Fit Notes in 2020. (Is there a record in your UC journal showing that you made that report in January 2020?)

Paravento

Thank you for that. Yes my fit notes have been provided without gaps. 

I can see my change of circumstances was logged on 13th January 2020. It’s a shame I can’t see what I wrote, although I know it wouldn’t have been to say I was better. I also can’t see my previous to-do list/commitments, which would be helpful. 

Thank you for your response, I shall take it up with them next week. 

poppy123456

Paravento said:

I’ve been in receipt of UC since 2019. I had a WCA in October 2019 and was deemed fit for work. At the time I had no idea about anything benefits related and definitely didn’t understand anything to do with disability payments. I didn’t appeal but I should have, when I read the letter and it said I didn’t need to provide any more fit notes I presumed that was because they had agreed that I was ill.

It was because you were found fit for work.

Paravento

Hi, thanks for your replies. I realised much later on that they deemed me fit to work at the time of my first assessment, but due to my medical evidence and the fact that it was blindingly obvious that I was not fit to work, plus this having being the first time I’ve been in the benefits system for any reason and still find all of it completely baffling and painfully stressful, I understood that we all agreed that I wasn’t. It’s too late to do anything about that now as they said there are rules for appeal and I left it too late. 

However, since I originally posted, I have spent hours and hours making endless phone calls and writing lots of unanswered messages in my journal - since my work coach was whipped away on September 6th , I have had absolutely no contact whatsoever with my ‘Case Manager’ but have finally had a response to my appeal about the dates for my back pay. The letter agrees that they owe me more in back pay so have awarded me another two months. 

I still don’t understand the dates because it says they have awarded it from 30th June so the gap has closed by two months, and the payment is backdated to 1st October. This still doesn’t make sense, the first fit note was accepted from March so the after the 3 month period should mean the payment should have started from June, I think. As I only got the letter yesterday, I shall write to them at some point again within the next 30 days, to query it. 

I just wanted to let anyone know who’s interested that it does pay off to persevere with them. It has taken four months for me, but it wasn’t a complete waste of time. 

Good luck. 

L_Volunteer

Thank you for sharing your experience with us @Paravento. I am sure your experience will be invaluable for anyone experiencing anything similar.

It sounds really difficult that you can't appeal anymore but really positive about the back pay. How are you feeling about everything at the moment?