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Lcwra payments

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Comments

  • diane1981
    diane1981 Community member Posts: 53 Courageous
    I've got Money matters and welfare rights on the case with this. There also saying I should have appealed (Mr) with the esa decision back in july. I'm just wondering would I be worst off back on esa. I was getting £127 per week on support group. But with uc and lcwra it's £317 plus £336 per month.  I'm assuming u don't lcwra on top of esa
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    I'm glad you're getting some help with this.

    Regarding the ESA decision back in July. Even if you did appeal that decision and won, you won't ever be able to go back onto ESA because you claimed UC. What would happen if you did win at MR or Tribunal stage is that because it would haven't meant you had LCWRA when you started your UC claim then you will be owed money from the start of your claim, rather than having to wait 3 months for it to start. Definitely worth requesting the MR.Tribunal for that decision because you have nothing to lose by doing so.


    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
    So would I get my esa payment and uc basic amount together. I confused 
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    No, not if your ESA was all Income related because you claimed UC and you can't be paid both. If part of your ESA was Contributions based then you'll receive that but it will be deducted £1 for £1 from your UC payments.

    The only advantage to appealing the ESA decision will be they will owe you backdated money because the 3 month waiting period won't apply to you.
    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
    This is where its really confusing. I was getting income based esa at £127 per week. But on universal credit I get £317 plus £336 per month so roughly 150 per month better off. I can't work out how much they would deduct of my esa off my uc so what my new payments would be
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    When working out the figures for Income related ESA as monthly payment, it's £550 per month. £127 x 52 = £6,604 divided by 12 = £550.

    UC standard allowance over 25's and LCWRA is £653 per month. This means that claiming LCWRA under UC you're £103 per month better off.

    If all of your ESA was income related then you won't be entitled to any ESA even if your appeal was successful because you already claimed UC and you can never go back.

    If part of your ESA claim was Contributions based then you will go back onto that at £111.65 per week. You will then receive a deduction of £483 per month from your UC amount because CB ESA is £111.65 per week x 52 divided by 12 = £483 as a monthly payment.

    ESA will pay you £111.65 per week and you would receive £170 per month UC. Hope this helps.
    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
    Thanx that helps. I was getting full income related esa as it was £127 per week.  So even if my Mr was successful and I can't go back onto esa would the shortfall from July be backdated and I now go onto the uc and lcwra payments
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    You're welcome.

    You won't be able to go back onto ESA even if your the MR.Tribunal was successful. You would be entitled to the LCWRA from the start of your UC claim, rather than having to wait 3 months like you are now. This will be because DWP's decision to find you fit for work was incorrect.

    If you do decide to request the MR then i'd definitely mention that you're now claiming LCWRA for UC after being found fit for work for ESA in July, providing your conditions haven't  changed since the decision was made on your ESA work capability assessment then this may go in your favour.
    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 sent the note u gave me about reg 28 f5030. I copied and paste exactly what u wrote and his reply was if I feel my date were I've to raise a mr 
    He's as much use as a chocolate teapot ! 
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    disgusting! I'm sorry that you're having to deal with all this!
    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.
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    That's ridiculous @diane1981! Have you spoken to Welfare Rights any more about this?
    Community Manager
    Scope
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    ** update **
    Welfare rights got the equality team within the job centre involved who called the case manager only to believe he got a telling off and explained the rules of uc in which my payment was in the bank within an hour. However would u believe they have gave me an overpayment of £1000, they have paid me since July the start of my claim and not November which would be after the 3 month assessment period. I asked the the cm to explain this as I believe its a mistake and an overpayment to be told no it's not a mistake. 
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    I'm glad they finally seen they were wrong. regarding the overpayment of £1000, did you request the MR on your work capability assessment decision for ESA? If you did then they may have changed that decision, if they have then as advised previously you will be paid LCWRA from the start of your UC claim because there will be no waiting period because you would have already had LCWRA at that time.
    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.
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Hi @diane1981.
    That's excellent news, I'm glad they've finally resolved this. Thank you for updating us, it gives hope to the others having the same fight for the correct backdating. 
    Community Manager
    Scope
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    Poppy, I didn't put in a mr.  Welfare rights said if it didn't do in my favour they could then question the lcwra award which I wasn't willing to take the chance on.  I wondered if they have done it that way regardless of no Mr.  When I said I didn't think the payment was correct I was told to refer to the letter in which it states the underpayment was backdated to July which means I don't have the 3 month assessment period. I'm thinking of putting the money by as knowing my luck 6 months later I'm gonna get a letter saying I owe them it back
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    Very strange. If it does become an overpayment they won't ask for it back as one lump sum, it will be taken monthly from future UK payments.
    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
    That's what I don't want to happen, I'd rather have it sorted now
  • diane1981
    diane1981 Community member Posts: 53 Courageous
    Surprise surprise we have an overpayment letter to download. That case manager needs fired. He hasn't gave me 1 correct bit of advice yet
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    That's appalling. I'm so sorry @diane1981. It sounds like your case manager definitely needs training!
    They can take it back from your payments in instalments or you can call the debt recovery department and pay it in one go if you'd prefer. 
    I'm sorry they keep messing this up for you.
    Community Manager
    Scope
  • poppy123456
    poppy123456 Community member Posts: 53,323 Disability Gamechanger
    I had a feeling that may happen. I agree, he needs training!
    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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