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LCWRA. Am I entitled to any back pay?

LisaM88

Hi! I'm so sorry to ask a very similar question to others on here but I'm so confused!

I've recently had my assesment and been placed in the LCWRA group. They have said my payment on the 1st of Dec will reflect this change.

The lady on the phone mentioned back pay but DWP haven't mentioned anything about it?

I've been on UC and PIP since December last year, my assesment periods run from the 26th - 25th of each month and payment on the 1st.

I first started putting sick notes in on Jan 3rd this year and have been ever since with no gaps. My work capability form went in around March time and I've just had the assessment and outcome.

Does this mean I'm entitled to any back pay? 🤔

Thanks so much in advance.

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poppy123456

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

When you first claimed UC in Decemeber did you report your health condition at the same time? If you did then your waiting period will be Dec/Jan, Jan/Feb, Feb/March... LCWRA starts from AP 26th March to 25th April and first payment will be 1st May.

If you didn't report your health condition when you claim then your first payment will be 1st June.

Money owed will be paid separately to your usually monthly amount. It can take a few week to recalculate your past statements to work out exactly what they owe you. Once this is done you'll receive a letter on your journal telling you how much they owe and it will then be paid into your bank.

LisaM88

Thankyou so much! That makes complete sense to me now!

L_Volunteer

You are welcome @LisaM88. It is the very least you deserve.

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

LisaM88

Hi again, thankyou for your response. I've now received a message on my journal that says -

Hello Lisa, Your award of limited capability for work and work-related activity (LCWRA) was awarded with a start date of 08/07/2022. Before this is included in your Universal Credit entitlement there is a relevant period that has to be served. The relevant period is the 3-month period that has to be served before the additional amount for having limited capability for work and work-related activity (LCWRA) can be included in the award. This amount is included from the first day of the assessment period after the assessment period in which the relevant period ends. The relevant period is equivalent to the Employment and Support Allowance 13-week assessment phase. It is used to establish that the claimant has a long-term health condition - not just a short term illness. There are no backpayments due. Kind regards

I don't understand where the date of 8th of July has come from? My first sick note went in in January and there have been no gaps.

I'm so confused 😕

poppy123456

You need to put a message on your journal under the payment section and tell them the exact date you reported your first fit note. Then tell them when your first payment should start from. Depending on the answer to the question below.

You didn't answer this question here.

poppy123456 said:

There's a full 3 month assessment period waiting time and the extra money is paid from the 4th month after you reported your health condition.

If you did then your waiting period starts from Dec/Jan assessment period and first payment should have been 1st May.

If you didn't then your waiting period starts from Jan/Feb and your first payment should have been 1st June.

LisaM88

Thankyou.

The health condition and first note were both reported in January so I was expecting the first payment to start from June as you said

LisaM88

I've received this message in my journal today

Hello Lisa You have requested a written statement of reasons for your Work Capability Assessment decision of 7/11/2022. I have amended the start date of the limited capability for work related activity (LCWRA) award to 7/1/2022, the date you first provided medical evidence of your health condition. Any arrears due to you will be issued in due course.

Thankyou for your advice on here, I wouldn't have known what to ask for and would have ended up without the back pay I'm entitled too.

Thankyou!

poppy123456

Glad it's sorted but they shouldn't be constantly getting this so wrong. They should know their own rules by now after all these years.

LisaM88

Totally agree.

The first advisor who replied was quite rude in his responses too and basically told me I was wrong and that he'd send it to the decision maker to prove it.

All he's proven is that he hasn't got a clue what he's talking about!

calcotti

LisaM88 said:
All he's proven is that he hasn't got a clue what he's talking about!

That amused me.

The awful thing too is that there will be many claimants that don’t question what they are told and therefore are incorrectly paid.

Davidblaine1

They act like they mistake dates times ect, iv had the exact same problem as you. Had opened claim in Dec first fit note in Jan told me I was not owe back pay took it for Mandatory reconsideration they then decided not to revise in my favour, had to write to tribunal & yesterday got call from a lady said she’s looked at it herself and the tribunal has collapsed because Dwp have now revised it in my favour, which I do not want. She told me in the phone I’m owed money backdated to January what was obviously her desecration and then read the attached letter in my journal explaining and she managed to change her mind within 10 minuites and retract her original rescission to backdate it to January and given me a date of April, they are out of order and do what they like depending on there mood, absolute joke