LCWRA - Help, am I in the wrong?

diabeticrik

(On behalf of my dad) Hello all and thank you for your time, I have read people's advice regarding similar situations to mine but I am just after some confirmation or reassurance that I am in the right, basically I have been awarded LCWRA however the UC advisor in my Journal says I must wait until January to receive the first payment however according to my decision letter and things I've read online it should actually begin 3 assessment periods following the first time I notified them of my incapacity to work. I have included dates for specific events that are all confirmed in my journal but if someone could take a look as I have requested a MR and they have said it may take several months for a response and any advice would be really appreciated.

Previously claiming Universal Credit whilst working. Assessment dates 23rd to 22nd
All dates below are 2022.

28/2 First reported condition on journal
2/3 Fit note declared covering 28/2 to 1/06
21/3 note accepted in journal
25/3 referred to Medical Services Assessment Team
1/4 UC50 Form sent back
1/6 Fit note declared covering 1/6 to 31/8
15/6 note accepted in journal
9/8 I query receipt of UC50 which is confirmed by UC
31/8 Fit note declared covering 31/8 to 29/11
1/9 note accepted in journal
22/9 WCA takes place
27/9 Confirmation letter that LCWRA has been awarded and to expect communication within 7 days.
10/10 No contact so I rang the helpline and was told that because my award letter was dated after start of new assessment period it would take a month longer and be on the next one.
24/10 New statement recieved but doesn't contain LCWRA, I contact UC via journal and am told that LCWRA was awarded from 31/8 and i must now wait 3 assesment periods for the first payment which isn't due until after the December to January assessment period.
Am I right in believing it should have started when I declared the first Fit note back in February/March, it seems to me that they have started it from my third fit note, my notes are for 3 month intervals.

Thank you for your consideration.

Betty

poppy123456

The extra money for LCWRA is paid from the 4th month after you reported your health condition. It's then paid from the 4th month of your claim.

Based on the information you gave your waiting period will be March/April, April/May, May/June.. LCWRA starts from AP 23rd June to 22nd July and first payment would be 29th July. The LCWRA element is not paid at all during the waiting period.

They very often get this wrong and it's starting to become very frustrating that they don't even know their own rules! There's many other threads here with exactly the same problem you have.

diabeticrik

Thank you, I have read similar issues but it's nice to get someone to take a look for some reassurance. Your time is very appreciated.

calcotti

You can request a Mandatory Reconsideration of the decision to delay payment of the LCWRA element.

Headcook

Hello

this is happening to me 
and It looks like my issue is sick notes not being processed there end 
I’m being told they have sick note no 1 sent April 22 and October 22 but I’ve sent 3 other sick notes 
that like you describe are visible on our journal 
case manager has raised this 
and my work coach agrees they are wrong on start date 
but it’s so frustrating trying to resolve on a journal rather than over the phone to an actual human 
helpline are useless 
keep us updated 
on your progress

diabeticrik

I have requested Mandatory Reconsideration and have been told in the journal that it can be a very long process so I'm not expecting any resolution until next year.

madquasimodo

Keep copies of your fit for work notes, and make sure you are credited with NI contributions

L_Volunteer

Thanks for sharing your tips @madquasimodo. It is people like you who help to make this community the supportive and friendly space it is 

L_Volunteer

How are you feeling about everything at the moment @diabeticrik? The long wait sounds really difficult.

Please don't hesitate to let us know if we can do anything to support you. We are all here for you and listening to you.

You don't have to face this, or anything else, alone if you don't want to. Take care for now and we will look forward to, hopefully, hearing from you again soon 

diabeticrik

L_Volunteer said:

How are you feeling about everything at the moment @diabeticrik? The long wait sounds really difficult.

Please don't hesitate to let us know if we can do anything to support you. We are all here for you and listening to you.

You don't have to face this, or anything else, alone if you don't want to. Take care for now and we will look forward to, hopefully, hearing from you again soon 

Thank you for your concern, its nice that we have a place to come where we are not judged and help is provided even if the questions asked must get repetitive for helpers, poppy in particular has answered a couple of my questions in rapid time and it's very reassuring having an ear to bend.

Regarding my current situation It's very stressful, they make you jump through hoops just to prove you need help, then when you give them everything they ask for they don't seem to know their own rules, I understand that they are busy but if I owed anyone money (im not saying im owed anything from government but I have paid into the system for years and when help is needed i hope its there for all) they would demand that I pay them within a time frame and send multiple reminders if I hadn't been in touch.

I never even asked for LCWRA, they offered it me but the stress it's caused I wish I never bothered sending the forms back.

And I'm only persisting with it as I am desperate for an adjustable bed to help me sleep and be comfortable.

Thank you for your continued support.

Xtiano_sickboy

Recently I had my UC health assessment after 20 months delay and was awarded LCWRA. During this period my wife was also getting carers allowance weekly as I have pip too. The carers would be taken back off our monthly UC payment. 
I got a letter informing me I had LCWRA and in 7 days I'd hear from them re any monies owed. I rang them 2 weeks later to be told it was still with a case manager so I rang 3 weeks later to be told nothing was owed. Welfare rights told me to ask for an anytime pay review and magically within an hour they called me back to say they had £186 x18 months back paid carers allowance ready to send me.
Had I took them at their word the 2 times I called I'd still be none the wiser. 
Be careful dealing with them as they seem deliberately covert at times

Xtiano_sickboy

Edit - £153 X 17 months
Sorry its late. Pretty tired

calcotti

Xtiano_sickboy said:

… and was awarded LCWRA. … I had LCWRA and in 7 days I'd hear from them re any monies owed. I rang them 2 weeks later to be told it was still with a case manager so I rang 3 weeks later to be told nothing was owed. Welfare rights told me to ask for an anytime pay review and magically within an hour they called me back to say they had £186 x18 months back paid carers allowance ready to send me.

Your narrative refers to LCWRA and Carers Allowance. Are the arrears for LCWRA or for carer element.
carer element is currently £168.81/month
LCWRA element is currently worth £354.28/month.

If the arrears are for backdating the carer element (which appears likely) then you still need to pursue the arrears of LCWRA element which should be paid from the fourth month after you reported your health condition. 

Or have you had 2 lots of arrears? One for carer element and one for LCWRA?

L_Volunteer

You are welcome @diabeticrik. Thanks for your positive feedback. We always appreciate your positive feedback.

It sounds really difficult that you are having a very stressful situation at the moment. One that is making you jump through hoops just to prove you need help and they don’t seem to know their own rules.

I hear your frustration. As you said, if this was the other way around, they would be demanding that you pay them within a time frame and send multiple reminders if you hadn’t been in touch.

We are all here for you and listening to you. Please don’t hesitate to let us know if we can do anything else to support you.

Please note, I really hope you have the adjustable bed you need soon to help you sleep and be comfortable! 

diabeticrik

Hi, just a little update, it has now been 13 weeks since I requested a MR and still no response, I have asked on the journal and the repsose from them was that it takes time but they are still paying LCWRA regardless from end of Jan so at least that's something. Thanks again to everyone in the community.

Alex_Scope

Thanks for updating us all @diabeticrik, I'm sorry you haven't heard anymore yet, but we wish you all the best for a positive outcome  

diabeticrik

Thank you everyone and especially @poppy123456

I have heard back today regarding the MR we submitted in October and they fully agree with Poppy's assesment of my dads LCWRA start date and have changed their decision to match. Your help and support has been invaluable to both of us and I hope we can help and support the forums and Scope going forward.

Thank You.

calcotti

diabeticrik said:

I have heard back today regarding the MR we submitted in October and they fully agree with Poppy's assesment of my dads LCWRA start date and have changed their decision to match. 

Glad it's sorted.
As poppy said

poppy123456 said:

They very often get this wrong and it's starting to become very frustrating that they don't even know their own rules! 

It's not just frustrating. It is incompetent due to lack of training. There are undoubtedly many claimants who assume DWP are correct in their decision making and do not challenge decisions.

Tori_Scope

This is fantastic to hear, thank you for updating us @diabeticrik