universal credit help please

mikky · August 2020

hi guys i am after some help.
i was always in the support group of esa up until me and my partner got married in 2015 i was then switched to income support as a couple and receiving the disability premium.
we recently moved to a new flat and that triggered us to change to universal credit.
now i have just had my decision regarding work assesment and been placed in the lcrwa i think its called?
i handed in my fit note on feb the 24th this year.
will i be backdated any money ? also when from please?
i have read about the 3 month period but also been told by a guy at the job centre that depending on whether i was in support group or getting disability premium before, the 3 month period might not count.
now i am even more confused than before.
any advice?
many thanks.

poppy123456 · August 2020

HI,

Firstly, great news on the deicison. The waiting period for you will apply because it was 2015 that you last claimed ESA so that decision would no longer apply to you here.

How much backdated money you're owed will depend on when your monthly assessment periods (or when you first applied for UC) are because it's 3 full assessment periods that count. LCWRA is then paid from the 4th month of your claim.

mikky · August 2020

okay thank you, it was 6th of feb this year i started universal credit and my first payment was the 9th of march.

poppy123456 · August 2020

Thanks for that information.

This means your assessment periods are 6th - 5th of each month.

So 6th March - 5th April ...this month doesn't count.

6th April - 5th May 1 month

6th May - 5th June 2 months

6th June - 5th July 3 months.

Your LCWRA element will start from 6th July and your payment this month will be your first payment, which means you are not owed any backdated money.

Hope this helps.

mikky · August 2020

this seems odd that they say yes you are entitled to it but no you cannot have it from the start of your claim.
feel sorry for everyone they do this to.

poppy123456 · August 2020

There are some exceptions to this rule but unfortunately the waiting period applies to you. It was exactly the same when you claimed ESA there was a 13 week assessment period and the extra money was paid on the 14th week of your claim.

mikky · August 2020

my payment in the journal thing is the same as previous months, we are paid on the 9th of each month so maybe it will start next month?

mikky · August 2020

also ty for your help, god i am rude sometimes.

poppy123456 · August 2020

If the decision has only recently been made then your statement may have been produced before the decision was made. Payment will very likely be made very soon but you'll definitely receive that month's LCWRA element that's owed to you.

You're welcome .

janer1967 · August 2020

Hi @mikky Welcome to the community glad you have joined us here.

Good news on your assessment and award and glad Poppy has explained the payments to you

Please keep us updated as this can help other members in a similar situation

Tori_Scope · August 2020

Hi @mikky! I just wanted to check in to see how you were getting on? I'm glad Poppy was able to give you lots of useful information, has this made you feel a little less confused? As @janer1967 said, feel free to keep us updated

timis2 · October 2020

hi was put on uc and if fact sud of applied for esa in receipt of pip standard rate living and enchanced rate mobility.i informed them of all changes in my circumstance and that id been awarded pip.unable to work full time due to disability .so have been working 30 hours.recieved no payments from uc as they kept saying I was on right benefit .ive got a a mandatory reconsideration underway but feel nothing was explained properly .due to the fact ive now got a drs note stating I can only work 10 hours ive switched from uc to esa which has now entitled me to sdp.can I back date my sdp from start of my pip award.also ive got medical records and drs letter confirming I was unable to work full time for last 18 months..can I back date esa or wtc as I sud of been entitled from feb 2019.so average wage was 950 after household costs been living off 40 a week for 18 months.feel very confused as to why I wasn't told by uc I sud of been on esa and very confused as I cudnt get wtc for last 18 months .I am now on right benefit but can I back date sdp or working tax credit can any body give me any advice as I feel ive struggled to work which has now made my spine condition worse .

poppy123456 · October 2020

timis2 said:

hi was put on uc and if fact sud of applied for esa in receipt of pip standard rate living and enchanced rate mobility.i informed them of all changes in my circumstance and that id been awarded pip.unable to work full time due to disability .so have been working 30 hours.recieved no payments from uc as they kept saying I was on right benefit .ive got a a mandatory reconsideration underway but feel nothing was explained properly .due to the fact ive now got a drs note stating I can only work 10 hours ive switched from uc to esa which has now entitled me to sdp.can I back date my sdp from start of my pip award.also ive got medical records and drs letter confirming I was unable to work full time for last 18 months..can I back date esa or wtc as I sud of been entitled from feb 2019.so average wage was 950 after household costs been living off 40 a week for 18 months.feel very confused as to why I wasn't told by uc I sud of been on esa and very confused as I cudnt get wtc for last 18 months .I am now on right benefit but can I back date sdp or working tax credit can any body give me any advice as I feel ive struggled to work which has now made my spine condition worse .

I'm really confused why you were able to claim ESA unless you're ESA is New style ESA, which is the only ESA that it possible for anyone to claim right now, unless you were already in receipt of the SDP, which you weren't.

Can you please confirm how much ESA you're receiving each week? Once you've confirmed that i'll be able to answer your other questions.

What is the Mandatory reconsideration for? and when did your claim for ESA start?

Sorry but it's very difficult to give any advice without all the correct information.

timis2 · October 2020

When I originally went to uc in feb 2019 I was off sick had drs notes so actually sud of been put on esa..I then got pip due to my spine condition as have had this for 12 years..I got a job in may 2019 so was working 3o hrs a week I was never asked for any paper work regarding this but did in form u credit of this change .I have not received any lwrca on my u credit at all in 18 months .been left with just my wages to live on approx 950 a month ...after Bill's been left with about 40 a week .due to being made redudant started looking into benefits and realised for 18 months have not been recieving the right amount.i now have drs note stating I should only work 10 hours a week .I have applied for esa and hopefully will get sdp.but I'm trying to find out if my sdp can be back dated to when my pip started in feb 2019 when I should of originally been put on esa.also can I be backdated on lwrca in u cr as have not recieved anything .I av asked for a manatory reconsideration and involved my mp .I am totally frustrated exhaused and caused me financal hardship .u credit have been a total waste of time when I've been trying to explain the situation.i did contact esa and they said I sud of been put on it in feb 2019..becauce I had drs notes at the time.u credit saying not there problem as I'm on right benefit but they didnt deal with my claim properly in the beginning.

timis2 · October 2020

If my claim had been handled properly I sud of been entitled to esa and sdp then becauce I was working 16 hours sud of got working tax credit for last 18 months .but have not recieved anything no sdp no working tax credit and no lwrca in my u credit .I have now closed my u credit ac and qualified for esa from 1st oct back dated 12 weeks but what about the benefits I havent been paid .if my claim had been dealt with properly I cud of claim working tax credit and sdp I've been underpaid 11000

timis2 · October 2020

I should of actually been on esa and sdp since 2019 but was left on u cr not even recieving the lwrca rate .I worked out the lwrca rate since feb 2019 works out at 314 a month times this by 19 months this is wat I should of been recieving on u c but have never had a penny.

timis2 · October 2020

I spoke to u credit who say I'm on right benefit how can this be when I get enchaced rate of pip.?? But never got lwrca..This is an on going health condition not a recent one so how can they mess it up so much.im at breaking point as each department blames the other but this is actually I fault with u credit becauce they messed it up in feb 2019 at the start of my claim.

poppy123456 · October 2020

timis2 said:

When I originally went to uc in feb 2019 I was off sick had drs notes so actually sud of been put on esa..I then got pip due to my spine condition as have had this for 12 years..I got a job in may 2019 so was working 3o hrs a week I was never asked for any paper work regarding this but did in form u credit of this change .I have not received any lwrca on my u credit at all in 18 months .been left with just my wages to live on approx 950 a month ...after Bill's been left with about 40 a week .due to being made redudant started looking into benefits and realised for 18 months have not been recieving the right amount.i now have drs note stating I should only work 10 hours a week .I have applied for esa and hopefully will get sdp.but I'm trying to find out if my sdp can be back dated to when my pip started in feb 2019 when I should of originally been put on esa.also can I be backdated on lwrca in u cr as have not recieved anything .I av asked for a manatory reconsideration and involved my mp .I am totally frustrated exhaused and caused me financal hardship .u credit have been a total waste of time when I've been trying to explain the situation.i did contact esa and they said I sud of been put on it in feb 2019..becauce I had drs notes at the time.u credit saying not there problem as I'm on right benefit but they didnt deal with my claim properly in the beginning.

Oh dear this sounds like you have not been given the correct advice at all.

The ESA you have claimed will have been the New style ESA and unfortunately, you won't be able to claim the SDP with this ESA because it's a contributions based only claim and the disability premiums are not payable on this ESA.

Claims for the old Income related ESA are no longer possible unless you're already receiving the severe disability premium, which you wouldn't have been because you were claiming universal credit and it's not payable on Universal Credit. Claims for the old ESA have not been possible since December 2018.

The ESA you have claimed is only paid for 1 year unless you're placed into the Support Group and then it's paid for as long as you remain entitled to it.

When you were claiming Universal Credit and sending the fit notes, where you working at that time? and did you have a PIP award while you were working? If you were working more than 16 hours per week and not is receipt of PIP then you wouldn't have been able to be assessed for limited capability for work because of the amount of hours you were working.

If you were in receipt of PIP then working more than 16 hours and sending in fit notes would have started the limited capability for work process off.

Because you haven't been assessed with the work capability assessment then no decision was made so no LCWRA element can be paid to you and no back dated money is owed for this, i'm afraid. You can't receive the LCWRA element unless you've been assessed with the work capability assessment and the decision was LCWRA.

The reason you weren't receiving any UC payments was most likely because of your earnings at the time were reducing your UC to zero.

If you are now working then because you are claiming ESA then you must make sure that you work less than 16 hours per week. If you work more than 16 hours then you won't be entitled to any ESA and your claim will end.

Working tax credits, unfortunately, you won't be able to claim this because new claims are no longer possible because it no longer exists and it hasn't been possible to start a new claim for this since December 2018.

I think you need to get some advice from an advice agency near you because you seem extremely confused by the benefit system and you're not owed the money you think you're owed.

I'm sorry if this isn't what you expected and i'm sorry you've been badly advised in the past.

I hope this helps a little but please do get some advice and help from an advice agency near you, they are only helping through telephone calls.

timis2 · October 2020

I was working from may 2019 and in receipt of pip standard living allowance and enchanced mobility

timis2 · October 2020

I was working 30 hours but becauce of my spine had alot of time of sick I was in reciept of pip at this time enchanced mobily and standard living rate

timis2 · October 2020

So as from oct 1st will claim new style esa and be in reciept of pip (rates above) I av a med 3 cert stating I can only work 10 hours which hopefully will be classed as permitted work so can you advise am I now on the right benefit

universal credit help please

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