Lcwra backdated payment

calcotti

hammers1970 said:

Hi, I was only receiving the basic Universal credit and with regards to my case being closed this was because I had to find employment after being turned down for LCWRA

Do you mean that having found employment your earnings were such that they made your UC entitlement nil?

If so it raises the possibility that with the LCWRA element included and the resulting Work Allowance you might still have been entitled to UC, even with your earnings, and might still be. That would depend on your maximum UC entitlement and the level of your earnings. I have no idea how such a situation would then be resolved - I think would have to request a Reconsideration of the decision to close the claim.

Say for example (using 2019 rates) your only entitlement was the single person allowance of £317.82. If you earned £504 there would be no UC payable. However if you also had the LCWRA element of £336.20 with a Work Allowance of £503 you would have to earn £1,541 before the UC payable reduced to nil.

hammers1970

I started work in November 2019, I’m on a zero hours contract, I have recently had to have 9 weeks off sick where I got SSP. the backdated pay is for October 2016 to October 2019.

poppy12345

hammers1970 said:

I started work in November 2019, I’m on a zero hours contract, I have recently had to have 9 weeks off sick where I got SSP. the backdated pay is for October 2016 to October 2019.

What about between those dates? Where you working? Why did your UC claim close? No one can help you unless you give more information.

hammers1970

Ok. Hopefully this makes sense

October 2016 - I was unable to work because of ill health, went on Universal Credit, where I received the basic single mans allowance.

October 2019 - went back to work, universal credit case closed.

within that time I attended 2 capability to work assessments, where I was deemed fit for work, I appealed both of these, I also appealed the mandatory reconsideration. Eventually this went to a tribunal on December 3rd 2020, which went in my favour, I was told that I would receive 3 years backdated pay.

Every time I call Universal Credit to get an update, I get told “someone will call you within 48 hours”. I phone back saying that no one has called and I just get the same answer “someone will call you within 48 hours” this has happened a few times now, I’ve had no phone call and no updates.

Do I just wait?

calcotti

So, as per my previous post, when you went back to work was the only reason your UC claim closed because your earnings were such that the earnings deduction exceeded your maximum  UC amount. If so you may have a case for asking them to review the decision to close the claim and be due a UC top up to your wages for the period since October 2019. In order to tell would need to know your earnings and what your UC entitlement was (you have said single person allowance, under 25 or 25 and over, I infer no help with rent). I have no idea whether such a claim would succeed but it is logical. Rather than a Mandatory Reconsideration I think you would have to ask for what is called ‘an any time revision’ but I’m not clear how you would make this request in the absence of a journal.

poppy12345

hammers1970 said:

within that time I attended 2 capability to work assessments, where I was deemed fit for work, I appealed both of these,

What was the reason why you had 2? Surely the recent Tribunal wasn't for both of the decision's that found you fit for work. Usually a Tribunal will look at 1 decision.

calcotti

poppy12345 said:

hammers1970 said:

within that time I attended 2 capability to work assessments, where I was deemed fit for work, I appealed both of these,

What was the reason why you had 2? Surely the recent Tribunal wasn't for both of the decision's that found you fit for work. Usually a Tribunal will look at 1 decision.

Possibility found to have LCW and then reviewed?

poppy12345

calcotti said:

poppy12345 said:

hammers1970 said:

within that time I attended 2 capability to work assessments, where I was deemed fit for work, I appealed both of these,

What was the reason why you had 2? Surely the recent Tribunal wasn't for both of the decision's that found you fit for work. Usually a Tribunal will look at 1 decision.

Possibility found to have LCW and then reviewed?

All the OP says is "they were deemed fit for work" This is the problem here, we are being drip fed information and it's not helping at all.

calcotti

poppy12345 said:

calcotti said:

poppy12345 said:

hammers1970 said:

within that time I attended 2 capability to work assessments, where I was deemed fit for work, I appealed both of these,

What was the reason why you had 2? Surely the recent Tribunal wasn't for both of the decision's that found you fit for work. Usually a Tribunal will look at 1 decision.

Possibility found to have LCW and then reviewed?

All the OP says is "they were deemed fit for work" This is the problem here, we are being drip fed information and it's not helping at all.

To be fair OP only asked how to approach chasing his arrears payment - it’s me that’s opened up the possibility there may be more to consider!
OP, if you've been told the decision is with a DM there is little point in chasing it every day, I would give it 7-10 days. The money may appear in your bank account before you receive any communication from DWP. Are your bank details the same as when you were claiming? You may want to workout how much you are expecting so that you can judge whether the payment you receive looks correct or not. Remember the LCWRA element would not have been paid for the first three months anyway,

hammers1970

Hi, yes my bank details are the same. I apologise for any confusion, I was not drip feeding information, this is my first post on here and was only asking how long after a tribunal should I receive a payment. Thank you for all your help 👍