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LCWRA backdate?

calumcalum Member Posts: 8 Listener
edited June 2020 in Universal Credit
Hi. Looking for advice. I made a claim for UC February 2019, as partner was not working and I had been diagnosed with fibromyalgia and everything it comes with so had to give up working myself.  I put in a form for lcwra in April 2019. Told to wait for assessment . In December 2019 partner started working so closed claim for UC.  But as luck would have it he stopped working again in February 2020. So reopened claim for UC. I got my assessment date for March 2020. Because of covid it was a telephone assessment and was awarded lcwra. They say I am only entitled to backdated payment from February 2020. Surely I am entitled to backdated payment from 1st claim ? As it wasn't my fault I didn't have assessment for over 12 months from claim ? uc claim was only closed for 2 months, which I do not expect to get payments for. 

Replies

  • janer1967janer1967 Member Posts: 12,054 Disability Gamechanger
    Hi @calum Welcome to the community good to have you on board. I am not too sure about what happens if you close a claim but I am sure someone will be able to advise.

    Also be aware for LCWRA there is a 3 month waiting period from when you submitted your first sick note so I don't know if they will back date as you will need to have provided continuous med certificates with no break/

    @Adrian_Scope can you help here 
    Here to help with my experience in hunan resources and employment rights 
  • calumcalum Member Posts: 8 Listener
    I provided fit notes from day 1 of first claim. I understand the 3month waiting . Just thought I would be entitled to back dated payment from first claim as I didn't get to have an assessment owing to them being busy . If I had been  given assessment between feb 2019 and dec 2019 I would have been entitled to it, but didn't get appointment till march 2020. I never made a new claim when claimed UC for second time as was told didn't need to as claim for lcwra was still active from april 2019 🤦‍♀️
  • janer1967janer1967 Member Posts: 12,054 Disability Gamechanger
    Hi again 

    I'm sorry I'm not too sure then given your circumstances hopefully someone else will know 
    Here to help with my experience in hunan resources and employment rights 
  • calumcalum Member Posts: 8 Listener
  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,063

    Scope community team

    Hi @calum, am I reading correctly that you returned your UC50 in April 2019? Did your claim close during the two months you weren't eligible or did you just have a zero award for both months?
    Community Manager
    Scope

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  • calumcalum Member Posts: 8 Listener
    Returned UC50 april 2019. Claim for UC was closed December  2019 and Jan 2020. Reclaimed again February 2020. 
  • calumcalum Member Posts: 8 Listener
    Never sent another UC50 on opening claim again in feb 2020.
  • calumcalum Member Posts: 8 Listener
    Apparently it is being sent to a decision maker as UC50 referral was made on original claim 🤦‍♀️
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @Callum

    Good Afternoon & Welcome it’s great to meet you today.

    I am one of the Community Champion’s here at Scope.

    It’s great to see that you have already been in contact with 
    @Adrian_Scope

    Please let me know if you have any further questions/problems??

    @steve51
  • calumcalum Member Posts: 8 Listener
    Thanks.  Great site for info and support.  Wish I'd found it sooner 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,063

    Scope community team

    Do you know whether you'd have been entitled to UC still with your LCWRA and work allowance for the months your partner worked @calum?

    Either way, definitely follow up with the decision maker. There is the argument that your claim should never have closed. Your LCWRA award should apply from the 3 full assessment periods after your first fit note. The only query would be over the months it was closed.
    Community Manager
    Scope

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  • calumcalum Member Posts: 8 Listener
    Thank you adrian.  We would not have been entitled to UC when partner worked, dwp say claim was made for lcwra in first award and not second award so hopefully decision will go in my favour. 
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