PIP & LCWRA: Rules are so very complicated...

DavidL
DavidL Online Community Member Posts: 8 Listener
edited February 1 in PIP, DLA, ADP and AA

Greetings from Milton Keynes. Several times I applied for PIP and scored 0 points each time. Not one miserable, single point. All that changed when I saw a Neurologist who believes I have Parkinson's Disease and my condition is about the same as before, nothing had changed but I am now receiving the lower rate of PIP for both parts which is very welcome. I was told to apply for ESA but I was turned down as I had been the main carer for my wife for some years until her death and my National Insurance Contributions were of the wrong class as I was not employed. But today I found I have been awarded Limited Capability for work of £416.99 per month! In round figures I am receiving about £800 into my bank account each month which is very welcome.

Q1 Receiving both PIP and LCWRA and I retire November 2025. Will these both continue when I retire and receive the state pension or do I have to apply for anything else?

Q2 My GP kept writing FIT Notes for me, but before each one expired I would speak to the receptionist who always told me to make an appointment to see the GP AFTER the FIT Note had expired and the FIT Note would be backdated. When the FIT Note expired I would contact the Surgery and make an appointment to see the GP which would typically be a month later and the FIT Note would be backdated. This was not my fault, nothing I could do about it, but I think I have lost money on LCWRA. Is this correct, and if so, any point in challenging the decision of the DWP? I can prove this is what happened as I wrote in my journal that the receptionist always told me not to worry about the FIT Note expiring as I would be issued a backdated Note.

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Comments

  • Kimmy87
    Kimmy87 Online Community Member Posts: 3,184 Championing
    edited January 28
    1. When you reach state pension age UC will end as it's a working age benefit. PIP will continue. You can try an application for Pension Credit, getting PIP means your minimum income threshold is higher.

    https://www.gov.uk/pension-credit-calculator

    (put in details as though you are already retired on pension).

    2. Yes backdated Fit Notes effect when the waiting period for LCWRA starts (three full assessment periods before payment starts). You can ask for a Mandatory Reconsideration of when they started the waiting period, but a month is a very big gap I'm not sure you will be successful. I appreciate it wasn't your fault.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing

    1/ LCWRA is part of UC. If you're a single person then your UC will end once you reach state pension age. The exact date it will end will depend on what date you reach 66 and the dates of your UC assessment periods. (or when you receive your money each month)

    PIP continues as normal once you reach state pension age and will continue for as long as you remain entitled to it.

    If you need to claim for help with your rent then you will need to claim Housing benefit. You may also be entitled to Pension Credit depending on circustances.

    2/ Yes, backdated fit notes are not usually accepted when calculating when the LCWRA element is paid from. There should be no gaps In your fit notes right up until a decision was made. You can try telling them why the fit notes were backdated and a decision maker will make their final decision.

    What date exactly did you provide your first fit note? and what date do you usually receive your UC each month?

  • Kimmy87
    Kimmy87 Online Community Member Posts: 3,184 Championing
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing
  • Santosha12
    Santosha12 Online Community Member Posts: 364 Empowering

    Please may I ask a question on here even though I didn't start the thread? Very many apologies if not (similar topic).

    My PIP award is until 2027 (the August I think as that's when I'd applied in 2022). I will be 67 in March 2029. If PIP still exists then, I understand c 8 months prior to the end of Award, I will be reviewed. I'm aware one cannot apply for PIP after retirement age. I have 2 questions please:

    1. IF the review runs late, or their decision, takes me beyond March 2029 (ie I am then 'in retirement') would I still be able to apply for MR and/or Tribunal?
    2. If their decision is to stop my Award can I still appeal, MR/Tribunal even if that is close/into retirement rement date? (I think I do understand that once a review/decision does take place PIP payments then stop. Do they still stop if the review takes place before the already set 'Award to' date?

    So sorry for long question. When I had my previous mortgage for 16 years (I rent now from HA) I must have worried daily for at least 95% of the time of how I'd pay it off/not get repossessed. It was a waste of time worrying in hindsight as I was rehomed 'cos of health. I don't really want to spend the next two years worrying. However, having said ALL THAT (🤭🙄), maybe that's just the 'curse' of being on sickness benefits and the worry and vulnerability is just part of the territory/comes with it.

    BTW I have an inherited, progressive disease too so it's not that I'm not 'positive' about getting better. And I receive LCWRA since c August 2022.

    Thank you to anybody who could shed any light on this, I appreciate it.

  • Kimmy87
    Kimmy87 Online Community Member Posts: 3,184 Championing
    edited January 29
    1. It's only new claims that can't be made after retirement age. Existing claims are entirely unaffected.
    2. Payments stop if the decision is no award. The decision on the new award over rules any dates on the previous award.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing

    If the worst happens and you're refused or you don't receive the award you think you're entitled to that decision can always be challenged, regardless of your age.

  • Santosha12
    Santosha12 Online Community Member Posts: 364 Empowering

    @Kimmy87

    @poppy123456

    Thank you both very much 😊

  • Snowflake05
    Snowflake05 Online Community Member Posts: 44 Listener

    Hi poppy123456, I was told that I have been awarded the LCWRA, and they also said that I no longer need to provide any fit notes now can I ask why is that mine finishes on 4th March and the GP is going to give me another one as I am still not able to work and I provide my work with the fit note.

    If I don't provide any fit note to universal credit wouldn't that effect how much i get paid by them reducing it

  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing

    Once a decision is made on the work capability assessment you no longer need to provide the fit notes. You've been found to have LCWRA and this means you do not need to look for work, work or attend any further appointments, whether that's in person or phone. You will basically be left alone going forward.

  • Snowflake05
    Snowflake05 Online Community Member Posts: 44 Listener

    Thank you poppy123456. I would still need to provide fit note to my work though is that correct. Regardless of me getting the LCWRA.

    Can I also add that you are such a lovely and kind person. With your guidance and advice you give so much relief to so many people. Not just me who is still going through her cancer journey but I have read so many other people also where you help so much.

    I just wanted to say thank you again your are awesome 😘

  • poppy123456
    poppy123456 Online Community Member Posts: 64,467 Championing

    @Snowflake05 yes you will still need to provide them to your employer.

    Aww that’s such a lovely, kind and thoughtful thing to say, thank you! You make me smile this morning!

  • Snowflake05
    Snowflake05 Online Community Member Posts: 44 Listener

    Awww poppy123456 I am so happy that it has made you smile.