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Lcwra payments

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Comments

  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    You could have still requested the MR/Tribunal and claimed UC. This way if the decision changed and you were given Support Group (LCWRA) then you would have been owed backdated money.

    You are still within the time the request the MR on that ESA decision because with good reason you have 13 months to request it.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    I'd be scared to do that then end up loosing my lcwra aswell.  Looks like u won't be receiving any extra payment of the lcwra till april
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    You won't lose the LCWRA element you already have because you'll be appealing the ESA decision.

    The advice you've been given that you won't receive the LCWRA until April is NOT correct, as advised previously by Adrian and myself, it's 4 full assessment periods from when you sent your first fit note.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    edited November 2019
    Hi @diane1981. It sounds like they're incorrectly applying the wait period. It's 3 full assessment periods from the first fit note you supplied.
    Without seeing your actual assessment dates it's difficult to say for sure but if your payment date is the 11th, it's likely your assessment period is 5th-4th. If you handed your fit note in on the 7th, the first month may not count (unless you reported your health condition from the start and can argue self-reporting as opposed to fit note, but we'll assume it doesn't to give you the worst-case scenario). 
    5th July to 4th August - Won't count 
    5th August to 4th September - Month 1
    5th September to 4th October - Month 2
    6th October to 4th November - Month 3
    5th November to 4th December - LCWRA Payment (11th December).
    @diane1981 Adrian has advised you here but like he said it will depend on when your assessment period is and when you sent your first fit note.

    Did you also read this link i posted above? If not then please read it. https://www.entitledto.co.uk/help/Universal_Credit_Work_Capability_Assessment

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    edited November 2019
    Yes I did thanks, and it makes sense unlike uc advice.  I'll just have to wait and see if I get a payment in 11th December. I thought I might have received my 1st payment before then.  To be honest I'm actually strangely better off in the uc with the child element and lcwra element than what I was on esa and can't handle all the appeal stuff no more. I went through  the pip appeal process and it's really took its toll so for my own mental and physical health I simply can't go through anymore appeals. 
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    edited November 2019
    Hi @diane1981. Unfortunately it isn't done automatically by computer, a Case Manager would have to manually apply this to your claim and if your Case Manager has misinterpreted the guidance it won't be added to your claim when it should be. 
    Universal Credit Regulation 28 makes it very clear this should apply from your fit note, not the decision. However, unless you challenge your Case Manager on this, it's going to be incorrectly applied. 
    It might be worth you replying to say you've sought advice and been told that Regulation 28 should apply. 
    For reference, Reg 28 basically says: 
    ”The relevant period is the period of three months beginning with–...the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations."
    It's not the easiest to follow, but the Universal Credit ADM says this:
    The relevant period is three months beginning
     1. in relevant threshold cases (where the claimant has weekly earnings at or above the relevant threshold and is entitled to DLA or PIP), on
         1.1 the first day of the award of UC or
         1.2 if later, the date on which the claimant applies for the LCWRA element to be included in the award or
    2. in any other case, on the first day on which the claimant provides medical evidence of LCW .
    Note 2: Medical evidence includes a self-certificate for the first seven days of LCW. 
    Example 1:
    Dom is entitled to UC. His assessment period begins on the 5th of every month. Dom contacts the Department on 17.11.15 to say that he is unwell due to mental health problems. He sends in a doctor’s statement signed on 2.12.15 which states that Dom is not fit for work due to anxiety and depression. Dom is referred for assessment, and is found to have LCWRA. The relevant period begins on 17.11.15, the date he first gave evidence of LCW, and ends on 16.2.16. The LCWRA element is included in Dom’s UC award from 5.3.16. 
    Community Manager
    Scope
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    I gave a sick  line from when I started my uc claim round about the 5-7th July 2019 my wca was returned by the end of Sept 2019.
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    I replied sayin about reg 28 and that I think it should start on the 1st day of providing sick line and not from the award date. There reply was that the relevant period applies as this is the 1st instance of lcwra. I don't understand that! When I have been providing sick lines since I 1st applied for uc.  It doesn't make sense I have been awarded lcwra however I now have to wait a further 3 months without payments and receive my 1st payment of the lcwra element on my 4th month after the award was granted. 
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    It sounds as though they're not understanding the 'relevant period' @diane1981. I'm sorry you're having to fight them on this. 
    You need to explain that you agree, the 'relevant period' applies here, but that they are incorrectly applying it. The relevant period begins from the date of the first fit note NOT from when they make their decision. 
    Community Manager
    Scope
  • diane1981
    diane1981 Community member Posts: 53 Courageous
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    He's not even answering your question there is he @diane1981? And unfortunately his answer is incorrect there too. They can choose to reassess you any time after 3 months. 

    I'd strongly advise you to call and speak to someone if possible. As Alan is your Case Manager it's always going to be him responding to your messages and he doesn't seem to understand the process or even what your query is.
    Community Manager
    Scope
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    I agree with Adrian, you need to ring to speak to your case manager because if you don't you're going to keep going round in circles. The person who's answering those messages clearly doesn't have a clue what they are talking about here because their advice and knowledge is terrible.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    I've been in the job centre asking there advice and 2 of them were struggling to find an answer. A 3rd person came up with " they take ur 13 weeks from the date they find u infot for work akd not the 13 weeks of sick lines ur doctor has been providing"  even then there maths r shocking as my 3 months would be February and not april
     Thank so much for ur advice both of u 
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    *Wee update on this farce *
    Spoke to someone who said it was the decision makers discretion to defer my payment for 4 months and add it on at the end of my 12 months. So basically I won't receive a payment til April which is for 12 months and then there giving me an extra 4 months after that before they reasse me.
    Basically they do what the hell they want regardless of what it states on there government website. 
  • SarahUCE
    SarahUCE Community member Posts: 32 Pioneering
    edited November 2019
    @diane1981 your Case Manager (and who ever else you spoke to at the job centre and by phone) need retraining.
    A CM can’t make the decision to defer your payment and when it gets to the end of your claim they can’t approve you getting paid an extra 4 months for it. They can’t ignore legislation.
    Please don’t let this matter lie, you are losing out on hundreds of pounds if you let them wait until April. 
    This is the legislation from the official decision maker guide. It clearly states it’s fr your first fit note, not date of decision. 
    If you were one of my clients I’d advise you to message back something along the lines of:
    Dear Case Manager
    I’m sorry to ask again but I have sought advice and believe you may have misinterpreted the guidelines. The ADM regarding the Relevant Period is clear that the 3 month wait is from first Fit Note and not date of decision. For you’re reference this is F5030 of the ADM.
    Please can this be applied correctly to my claim?
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    Thank u very much for this info, I'm so angry right now. When I spoke to the call centre in Glasgow I was told it was the decision maker who has deferred my payment for the 4 months and added it on at the end of the 12 months. She had never heard of this being done nor did she understand why this has been done.  There tryin to make out there doing me a favour of instead of being reassessed in Oct 2020 it will be Feb 2021 because of the 4 months deferred.  4 months from my award date is actually 21st of Feb, so my 1st payment would be in March so there calculations r still wrong.
    It actually really worry me that these people have these jobs and r mako g these decisions on people's life's 
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    diane1981 said:
    Thank u very much for this info, I'm so angry right now. When I spoke to the call centre in Glasgow I was told it was the decision maker who has deferred my payment for the 4 months and added it on at the end of the 12 months. She had never heard of this being done nor did she understand why this has been done.  There tryin to make out there doing me a favour of instead of being reassessed in Oct 2020 it will be Feb 2021 because of the 4 months deferred.  4 months from my award date is actually 21st of Feb, so my 1st payment would be in March so there calculations r still wrong.
    It actually really worry me that these people have these jobs and r mako g these decisions on people's life's 
    That really makes no sense at all and i've never heard of payments being deferred ever. For the work capability assessments the timescales they give you are just a guide and nothing more, it doesn't mean you'll be re-assessed at that time because you can be re-assessed anytime from 3 months.

    As i previously advised, i wouldn't put anymore messages on your journal regarding this, i would ring and speak to your case manager. Going to your Job centre really isn't going to help either.

    I hope you get it sorted because i've never heard of such nonsense.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    The info about the deferred payment etc was from the call centre where the cm works.  Im at a loss on where to go now as I get no sense from the cm or the call centre.  The info I have posted on here is what there telling me. The job centre were as baffled about it as me and u.  The call centre say its been the decision maker who has decided this deferred payment for 4 months
  • SarahUCE
    SarahUCE Community member Posts: 32 Pioneering
    edited November 2019
    @poppy123456 she has said the call centre told her the same thing, so her best route would be to put a message like the one I’ve typed above, then when it’s declined, ask for it to be sent to a decision maker.
    @diane1981 I agree with the other advice you’ve been given here.
    This nonsense of payment deferral extending your claim for LCWRA is not true, please don’t listen to whoever told you that. They can choose to reassess you at any time. You’ve sadly been speaking to really poorly trained UC staff. 
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    @diane1981 please take @SarahUCE advice and put this note on your journal.

    Dear Case Manager

    I’m sorry to ask again but I have sought advice and believe you may have misinterpreted the guidelines. The ADM regarding the Relevant Period is clear that’s the 3 month wait is from first Fit Note and not date of decision. For you’re reference this is F5030 of the ADM.

    Please can this be applied correctly to my claim?

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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