I won a UC Tribunal and was wondering about backpay and how long it takes?

Welshred78 · June 2020

Hello,
I recently won a tribunal for the sick element of UC after applying for it in 2018 after asking for a consideration and an appeal it finally went to a tribunal which I was lucky enough to win I was just wondering if anyone could help me with any information regarding backpay etc and when I would be getting the increased rate. Thank you in advance.

Adrian_Scope · June 2020

Hello @Welshred78 and congratulations on winning your appeal.

Backpay can take a little while to calculate but they should calculate it back to 3 full assessment periods after your first fit note.
Depending how quickly the decision is passed to Universal Credit the increased amount should be in your next UC payment.

janer1967 · June 2020

Hi and welcome to the community, from when I won my UC tribunal the LCWRA payment was in my next UC payment, but I didn't get my back pay until I rang them after waiting 6 weeks once I had rung they actioned it there and then.

However this wasn't during lockdown and they have lots of new benefit claims to deal with and reduced staffing.

They also usually wait to make sure there isn't an appeal from DWP as they have 4 weeks from the decision to request a statement of reasons but they don't often appeal a tribunal decision

Welshred78 · June 2020

Thank you for getting back to me so soon it is currently 8 weeks since I had the tribunal letter saying that my appeal was upheld I shall give it until the end of the week and get in touch with them. The tribunal date was 23/04/20 when it was upheld in my favour I have given them the required time to appeal the decision which I was aware I had to do.

janer1967 · June 2020

Just a quick question were you awarded LCWRA as this is only award you get any extra payment for LCW doesn't pay any extra

Welshred78 · June 2020

I applied for both components when I first applied for UC and I only got given the one element of UC my work coach couldn't understand as I am also in receipt of PIP due to the seriousness of my condition which will not improve without surgery and even that may not cure it any help will be gratefully received.

janer1967 · June 2020

PIP and UC are different benefits with diff criteria and getting one doesn't get you thr other that's why they are diff assessments

You dont go for both elements the WCA puts you either as fit for work or limited capability for work or limited capability for work and work related activity only the latter gives payment

You letter from court should state what you was awarded

Welshred78 · June 2020

janer1967 said:

PIP and UC are different benefits with diff criteria and getting one doesn't get you thr other that's why they are diff assessments

You dont go for both elements the WCA puts you either as fit for work or limited capability for work or limited capability for work and work related activity only the latter gives payment

You letter from court should state what you was awarded

Hi Jane

I am aware that PIP and UC are different benefits with different criteria I was just repeating what my work coach said to me due to the severity of my injury and that getting pip is difficult she couldn't understand why I didn't get both components I don't know if it has any bearing but in the court documents they have been notified not to contact me for 24 months and that if I was considered fit for work it would caused significant trauma to my physical and mental health.

janer1967 · June 2020

I am only checking you are due a payment as I said it gas to be LCWRA to get any payment if this is what you got awarded that's great

They do recommend not to reassess for period of time however they can actually reassess anytime after 3 months but that doesn't mean they will especially with number of claims they are dealing with

Welshred78 · February 2022

Hi I was wondering how I go about applying for LCWRA as my leg hasn't improved at all even though I have had one surgery it's actually worse if anything.

calcotti · February 2022

Welshred78 said:

Hi I was wondering how I go about applying for LCWRA as my leg hasn't improved at all even though I have had one surgery it's actually worse if anything.

You never said in the earlier posts whether you we’re previously awarded a LCW or LCWRA by the tribunal?

Welshred78 · February 2022

Hi, it turns out that I was awarded LCW as I never got any extra money for it as the lady specified. Thank you

poppy123456 · February 2022

Before doing anything you need to look at the descriptors for LCWRA to see if any apply to you. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

Welshred78 said:

Hi, it turns out that I was awarded LCW as I never got any extra money for it as the lady specified. Thank you

The person is correct, there's no extra money for LCW.

Welshred78 · February 2022

poppy123456 said:

Before doing anything you need to look at the descriptors for LCWRA to see if any apply to you. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

Welshred78 said:

Hi, it turns out that I was awarded LCW as I never got any extra money for it as the lady specified. Thank you

The person is correct, there's no extra money for LCW.

Hi Yes I am aware of that but I was told that I can apply for LCWRA now as my circumstances are no better if not worse. Thank you

Welshred78 · February 2022

Hi Yes I am aware of that but I was told that I can apply for LCWRA now as my circumstances are no better if not worse. Thank you

poppy123456 · February 2022

You can see the descriptors here for LCWRA. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

I won a UC Tribunal and was wondering about backpay and how long it takes?

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