Lcwra backpay and uc

Farley14
Farley14 Online Community Member Posts: 5 Listener
edited May 2024 in Universal Credit (UC)
Hi everyone, I have a question that I have put on my uc journal but no body is answering it .So a bit of back story ,I am 52yrs old and first time benefits claimer ,so husband worked for 36 yrs and I was a stay at home parent and carer for his elderly grandparents whom have now passed on ,my husband have a mental break down months before Christmas and walked out of his job of 18yrs .We survived on what little savings we had before claiming for any benefits ,we started claiming uc in January this year and got our first payment in March ,so far we have have received payments for March and April they have been a total of £616.11 .we both have had sick lines in from January from our GP .I have had my assessment and was awarded lcwra, husband has had 2 assessments rearranged because of no doctors available. I received a letter on my journal saying I was awarded underpayments of £1157.64 from Jan to April for lcwra  .which I thought was additional to the £616.11 uc but they have deducted that from the £1157.64 .leaving me with £541.53 backpay for 3 months .I don't understand this as I was told by dwp that it would be additional to the uc .I'm so confused and so skint I'm unsure I can even afford my house anymore .thanks 

Comments

  • Albus_Scope
    Albus_Scope Posts: 10,798 Scope Online Community Coordinator
    Hi @Farley14 and welcome to the community.

    I'm afraid I'm not great with working out LCWRA things still, but I'm just popping your discussion over to the Universal Credit category, so more people in the know will be able to see it and hopefully help you get to the bottom of this. I hope that's ok? 
  • Farley14
    Farley14 Online Community Member Posts: 5 Listener
    Thank you that's great 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited May 2024
    There's a full 3 month assessment period waiting time for the LCWRA payments. It's then paid from the 4th month after you provided your first fit note, first payment is then at the end of that month. It's not paid at all during the waiting period. 

    When they recalculate your past statements they will work out how much you should have been paid against what you have been paid and you will be owed the difference between the two. Before the April increase the LCWRA element was £390.06/month. 

    If you can tell me exactly what date you provided your first fit note and what date you usually receive your money each month I can tell you when the extra money is paid from exactly. 

    How much is owed will depend on how much your maximum UC entitlement is, what deductions there were (if any) and how much exactly you received each month before the LCWRA was paid. 

    Are you also aware that if your partner is found to have LCWRA you will not receive any extra money because you can only receive one element per claim. 

    Are either of you claiming a disability benefit such as PIP/DLA or ADP? If so, which one and what award do you have exactly?

    Edit to add, since you provided your first fit note have either of you received any earning from an employer? Do you have children on your claim? My first thoughts here is that the LCWRA element hasn't yet been put into payment due to the waiting period and it could be money owed because of the work allowance, if either of you received earnings. 
  • Farley14
    Farley14 Online Community Member Posts: 5 Listener
    Hi poppy ,first sick note was 22nd January, we get uc on the 5th of the month ,I get pip low care low mobility ,husband gets £109 sick pay per week ,no earnings no children x
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Thanks, that means your waiting period will be Jan/Feb, Feb/March, March/April... LCWRA starts from assessment period 29th April to 28th May and first payment would be 5th June. This would mean your maximum UC entitlement will increase by £416.19/month. 

    As the LCWRA element isn't paid at all during the waiting period then the money that was owed to you couldn't have been for this because no money is owed for LCWRA. 

    Are you 100% certain that neither yourself or husband have received any earnings since you provided your first fit note in January?

    As your PIP includes the daily living part is your husband claiming carers element for looking after you? This would increase your maximum UC entitlement by a further £189.31/month. 
  • Farley14
    Farley14 Online Community Member Posts: 5 Listener
    Definitely  no earnings In January, the note on my journal stated that the £1157 was an underpayment due to me being awarded lcwra, I think I have realised what has happened, because I was awarded lcwra it has lifted the benefit cap and the money that they deducted from us for my husbands sick pay of £109  a week has been returned .my son claims the carers allowance for me for pip ,can my husband claim carers through the uc x
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited May 2024
    As you were claiming PIP the benefit cap wouldn’t apply to you anyway.

    You said neither of you received any earnings but then mentioned sick pay for your husband, this is earnings. This will be why you were owed some money because of the work allowance. 

    The extra money for the LCWRA will start from your June payment. 

    As your son is claiming carers allowance for looking after you then your husband will not be able to claim carers element.
  • Farley14
    Farley14 Online Community Member Posts: 5 Listener
    Thank you ever so much for your help 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You're welcome. 

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