Decision on backdated lcrwa

bigman

I have been awarded continued lcrwa. However I have been told there is no backpay. I have asked for decision maker to explain as, I waited over 5 months for assessment. Also I was told it was continued as my previous claim only ended for 5 weeks pror. Will decision maker correct this and give me my backpay. Or will I have to do mandatory reconsideration. They are making me unwell. The cost of living and Christmas is a difficult period. I need as much money as I can get. Please advise me anyone.

bigman

I have been waiting 6 weeks for decision maker to reply. Is this normal. I have complained and just been told there is no time limit. It is highly frustrating to me.

calcotti

You haven’t provided enough information to comment.
What do you mean by the previous award stopped 5 weeks before, does this mean your UC stopped or that you previously had the LCWRA element and it stopped? Why did it stop? Is this a review, if so who initiated the review?

bigman

It stopped because I was in prison on remand for 5 weeks. Before this I was on full lcrwa. Then I applied immediately on release. I have waited 5 months for assessment. I have been awarded lcrwa again. I recieved a letter after assessment stating I will recieve continued lcrwa. I did not receive any lcrwa payment in the period before assessment. 

calcotti

If you declared your health condition when you first reapplied after leaving remand then the LCWRA should at least be backdated to the fourth payment after you started the new claim.

Were you getting any UC housing costs while on remand?

When you reapplied did you have to make a completely new claim or were you able to log into your previous UC journal and make a rapid reclaim? If the latter I think you may have been entitled to have LCWRA from the start without a reassessment - but I’d need to investigate that further.

bigman

I applied immediately, it was a new claim. Which is ridiculous. But the letter stated continued. What does that mean. 

bigman

Yes my health condition has not changed. I have always provided fit notes. However I have not been asked to produce originals. I have always give dates over phone. Maybe this could be the issue.

calcotti

bigman said: I have always provided fit notes. However I have not been asked to produce originals. I have always give dates over phone. Maybe this could be the issue.

No, that shouldn’t be a problem. If they want to see them they would ask you to take them to a JobCentre.

Do your monthly assessment periods now start from the date you reapplied or are they the same as for your previous award? What dates do your UC monthly payments cover and what date did you make the new claim?

bigman

I’m the claim started the 15th March, my day of release. I was given no help on release either. And the assessment period is different from the previous claim. Why would that matter. It still covered just different dates. I was only not eligible the 5 weeks on remand. I was also not charged with anything. 

calcotti

bigman said:

I was given no help on release either. 

That’s appalling.

As you have a new claim from 15th March I would expect the LCWRA payment to be payable from the fourth payment for 15th June to 14th July (paid on 21st July). If the LCWRA decision has only just been made you should therefore be due some arrears.

bigman

Don’t you think they will continue it and pay me from the 15th march. How do I sue for emotional disttress

calcotti

bigman said:

Don’t you think they will continue it and pay me from the 15th march. How do I sue for emotional disttress

As advised I think you are only entitled from the July payment. 

bigman

Thankyou for advice