LCWRA back payment

jim123321

Hi so basically in December 2018 I had an emergency operation for my Crohn’s which I had only been diagnosed with a few months before, after three weeks in hospital I had to go to the job centre to start my claim with universal credit and move from JSA, I provided a fit note in that meeting and everything was fine. 

I then provided another fit note in March and unfortunately I then developed epilepsy in April most likely because of my Crohn’s so I submitted another fit note for that month. 

I then submitted another fit note in July and October 2019 plus another fit note in January 2020. 

In December 2019 a journal entry was added saying I would need to attend a Work Capabilities Assessment which I did about a month later and in February 2020 I received the decision that I had limited capability for work. 

I disagreed with this as I believed I was entitled to LCWRA so I asked for a written explanation which I eventually received one month later, I still disagreed so I asked for a mandatory reconsideration. 

I eventually received a reply in June which said that they would not change their previous decision so I started an appeal through HMCTS. 

Last week I finally received a letter from HMCTS saying that the DWP had changed their decision so the case would be closed in my favour and LCWRA would be awarded. 

So what happens now? When do my payments get backdated to?
I have left a message on my journal but all I received was-

You will need to check any information given to you by HMCTS with regards to backdating. The only information we have is that you have been awarded limited capability for work and work related activity from the 1 September 2020 with an 18 month prognosis.

I spoke to HMCTS and obviously they couldn’t help with backdating as that is for the DWP to sort out, I phoned universal credit and they couldn’t help, they just said to keep posting on my journal or speak to my local job centre, I spoke to my local job centre who said they couldn’t do anything and I should probably post on my journal again which I have. 

If someone could just tell me what I should do next and what period would backdating cover?
As far as I understand it, it would be three months after the WCA decision, so from May until now??
But I wasn’t sure as I have read about other people receiving money from their first sick note, I just don’t want to be tricked by the usual DWP rubbish and mixed messages. 

Thanks for any help!

poppy12345

The waiting period is 3 full assessment periods, with the LCWRA element starting from the 4th assessment period. This is providing there were no gaps in any of your fit notes.

Backdated money can take between 2-8 weeks, sometimes longer and the same amount of time to put your award into payment.

calcotti

I am not clear whether or not your Fit Notes are continuous or not.

jim123321 said:

Hi so basically in December 2018 ..

I then provided another fit note in March and unfortunately I then developed epilepsy in April .. 

I then submitted another fit note in July and October 2019 plus another fit note in January 2020. 

If your Fit Notes are continuous, your claim started in December 2018 and you received your first payment in January then the LCWRA element would be payable with the UC payment in April and thereafter.

jim123321

poppy12345 said:

The waiting period is 3 full assessment periods, with the LCWRA element starting from the 4th assessment period. This is providing there were no gaps in any of your fit notes.

Backdated money can take between 2-8 weeks, sometimes longer and the same amount of time to put your award into payment.

Thanks so should I be doing anything to make sure that this is happening and there’s not some silly rule that UC love to do all the time eg like not telling them within a month means you lose it all etc?

poppy12345

There's no "silly rule" they will already know your award because they awarded it before the hearing took place. Can you confirm if they were any gaps in your fit notes?

jim123321

calcotti said:

I am not clear whether or not your Fit Notes are continuous or not.

jim123321 said:

Hi so basically in December 2018 ..

I then provided another fit note in March and unfortunately I then developed epilepsy in April .. 

I then submitted another fit note in July and October 2019 plus another fit note in January 2020. 

If your Fit Notes are continuous, your claim started in December 2018 and you received your first payment in January then the LCWRA element would be payable with the UC payment in April and thereafter.

Thanks for your help, these are screenshots from my journal not showing any private information etc does it all look in order?

calcotti

There appears to be a 4 day gap in April 2019 but given that they have accepted LCW from 1/04/209 and LCWRA is presumably now backdated to 01/04/2020 they may treat your period of sickness as continuous. 
What was the actual UC claim start date and what day of the month are you paid?

jim123321

calcotti said:

There appears to be a 4 day gap in April 2019 but given that they have accepted LCW from 1/04/209 LCWRA is presumably now backdated to 01/04/2020 they may treat your period of sickness as continuous. 
What was the actual UC claim start date and what day of the month are you paid?

Yes I noticed that as well but honestly when you suddenly have Crohn's and epilepsy with no previous history sick notes are the last thing on your mind. 

So I was on JSA and I believe the job centre said that I need to move to UC as JSA was ending, in my journal it says that I started my claim on Thursday 27 December 2018. 

I am paid on the 2nd of each month. 

calcotti

So assuming your health condition is treated as continuous the LCWRA is payable from the payment on 2nd May 2019.

jim123321

calcotti said:

So assuming your health condition is treated as continuous the LCWRA is payable from the payment on 2nd May 2019.

Is it a good idea to keep chasing backdating to make sure it actually happens and should this be via my journal, telephone, in person or just everything possible?
If I disagree with the backdating amount can I take that to tribunal etc?

poppy12345

As you were eventually awarded by DWP it may not take as long as i previously advised but may still take a few weeks. backdated money is often paid at a different time to your usual monthly payment. I'd give it at least a few weeks before contacting them.