Won at tribunal, now in LCWRA. How long for backpayments?

Hello all, today has been a very good day. I was put in WRAG in April 2018 after my WCA in February 2018. My mandatory reconsideration failed and I applied to the tribunal. It’s not until today, 11 months later, the tribunal came. My appeal was successful and I’ve been moved from LCW to LCWRA on universal credit under schedule 9. I’ve noticed on my universal credit journal my commitments have been cleared so the DWP have received the decision. What I want to know now is will I be backpaid from last year? And how long does it generally take to receive my back payments? Thank you all in advance.

Comments

  • poppy12345
    poppy12345 Posts: 18,878 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    You'll be backdated £328 per month from the 4th month of your claim from when you sent in your first fit note.


    Backdated money can take 8 weeks.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 6 March 2019 at 11:44PM
    The LCWRA decision should now be fully backdated to the original date and your UC entitlement recalculated accordingly. As poppy says, the LCWRA element itself will not be paid earlier than the fourth assessment period of your claim.Not sure how long this will take. There will be some delay because DWP are allowed to appeal the tribunal decision if they consider there has been an error in law. They have a month in which to ask for a statement of reasons from the tribunal and then 28 days from the issue of the statement of reasons to submit their appeal (someone please correct me if I’ve misremembered this). This rarely happens so don’t worry about it.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti wrote: »
    The LCWRA decision should now be fully backdated to the original date and your UC entitlement recalculated accordingly. As poppy says, the LCWRA element itself will not be paid earlier than the fourth assessment period of your claim.Not sure how long this will take. There will be some delay because DWP are allowed to appeal the tribunal decision if they consider there has been an error in law. They have a month in which to ask for a statement of reasons from the tribunal and then 28 days from the issue of the statement of reasons to submit their appeal (someone please correct me if I’ve misremembered this). This rarely happens so don’t worry about it.

    Its a calendar month for both, but from the date of issue rather than the date the Department received the decision and/or statement.
    Who's going to fly your plane? / When you need to make your getaway....
  • huckster
    huckster Posts: 5,196 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would suggest that you phone the UC helpline to ask when the additional money will be paid.

    Don't presume that the commitments being cleared is an indication that payment might be received shortly.

    Please note that if the decision relates to an ESA claim, that there does not appear to be any automatic communication between ESA and UC. You might have to provide UC with a copy of the tribunal decision, by taking a copy to your local Job Centre for them to pass to your Case Manager.

    If you had ESA before moving onto UC and there was no gap of over a month between your ESA and UC claims, then you should get the LCWRA rate from the start of your UC claim.

    Nb. I am presuming that ESA was claimed previously, as WRAG was referred to.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Thank you for suggesting calling them. My mother just did and they’re gonna send my backpayment today. Plus I’m going to get UC+LWRA element in tomorrow’s payment. So very good news. Thank you all.
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