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Unsure of UC backdated amount?

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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited April 2021
    As regards the UC claim and reporting health conditions. Logging the health issues is part of the UC claim process. However, where a claimant has already had a WCA as part of ESA, this recording the conditions as part of the UC claim will not be treated as a request for a reassessment unless explicitly requested (otherwise all claimants transferring would end up being reassessed which would be hugely disadvantageous to claimants). An ESA WRAG claimant will therefore be treated as having LCW and a ESA Support Group claimant will be treated as having LCWRA.

    My opinion is that UC were correct to treat him as having LCW and then to treat the later submission as a change of circumstances/request for reassessment. If you have managed to get a decision which brings the LCWRA forward you have done well to achieve this.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • harvey119
    harvey119 Community member Posts: 19 Listener
    Okay many thamks for all of your help and information, it's very helpful. I have put the message about them removing the lcw rate at start of claim on the journal and I will let you know the final results when it happens. Thanks so much again :) 
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  • harvey119
    harvey119 Community member Posts: 19 Listener
    Quick update, I have recieved the letter from the tribunal now. It states there:

    The appeal is allowed

    The decision of secretary of state on 18/08/2020 is set aside

    The appellant is entitled to uc with the LCWRA component 
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  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    If that is from 18/08/2020 then the LCWRA element should be payable from that assessment period.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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  • harvey119
    harvey119 Community member Posts: 19 Listener
    so im assuming that i was correct in thinking that he would get the LCWRA from start of his claim in august
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  • harvey119
    harvey119 Community member Posts: 19 Listener
    Great news :)
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  • Adrian_Scope
    Adrian_Scope Posts: 10,935 Scope online community team
    That's great news @harvey119! Thanks for updating us and glad you got it sorted.
    Community Manager
    Scope
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  • Richteachouxsnack
    Richteachouxsnack Community member Posts: 37 Listener
    Was this decided on paper or did you go to tribunal 
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  • poppy123456
    poppy123456 Community member Posts: 53,938 Disability Gamechanger
    Richteachouxsnack said:
    Was this decided on paper or did you go to tribunal 

    This thread is more than 2 years old and the member hasn't been active for the same amount of time so you may not get a response.
    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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