Lcwra backdated payment

tomtom256

If youre Universal Credit claim is closed, UC staff will not know about your tribunal outcome.

They will only have details if a decision maker/appeals team, ask for the claim to be re-opened.

huckster

DWP often don't appear to receive the tribunal outcome letters or they don't arrive in the department where they can be actioned.
Suggest sending a copy of the tribunal letter included with a complaint. That way, it will be allocated to someone in complaints who will work out what needs to be done so you receive any money you are entitled to.
Unfortunately this is more complicated than you might think. When you made your UC claim, it may have been under the UC Live claims system (old claim system) and then transfered to UC Full Service system later on.  Anyone working out your underpayment for LCWRA  should really check the old system, hence suggesting you contact complaints so they can make sure this is dealt with correctly, without too much of a delay.
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

calcotti

tomtom256 said:

If youre Universal Credit claim is closed, UC staff will not know about your tribunal outcome.

They will only have details if a decision maker/appeals team, ask for the claim to be re-opened.

But OP says they have already bee told it is with a DM.

tomtom256

hammers1970 said:

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, my response was regarding this message, sorry I should have quoted it with my response.
States they keep calling UC to get an update and getting no updates.

hammers1970

Week 12, still no payment and still no updates.

huckster

You need to use the DWP complaints system, contacting Citizens Advice if you need assistance.  This will enable you to receive the response with any payment due as quickly as possible.  As pointed out in my last post, there could be system issues that might be causing the delay and the DWP complaints team should be able to resolve the issues to enable payment to be made.

datec66

The 1st tier tribunal send their decision and reasons electronically to whats called (or used to be called) the DRT.  The DMs in the DRT then have up to 28 days to review the 1st tiers reasons for overturning the decision and decide if they want to appeal it to an upper tier tribunal or not.  Until the DMs have reached their decision to accept or appeal, nothing is allowed yet.  If the DM agrees and allows the tribunals findings they will arrange for your claim to be reopened which will also take time. You will also need to be assigned a new CM after the claim is reopened.  Then the DM will award LCWRA or whatever is allowed from the correct date on the now reopened claim.  The system might calculate the arrears and the CM is responsible to check its correct and pay them.  If there over £3k, safeguarding needs to be looked at first before payment.  If the claim was closed all this time, then its more complicated as they'd need to check any changes of circumstances with you, wages etc during the closure period so that the arrears, can be calculated properly.  Its much easier on an open claim thats had the changes, wages etc already reported obviously.   The DM should've decided at least 8 weeks ago if they accept your decision or appeal so if your on week 12 something is amiss here, maybe they've appealed?  If you've not had a call within 48 hours I suspect you don't have a CM.  If you do, they're not very good if they haven't phoned you yet with where its all up to.  Something isn't right here at all.

As for how long can it take, I know somebody who was paid a large amount of arrears the day after her tribunal hearing during the 1st lockdown.

poppy12345

After a Tribunal win the DM has 1 month to request the statement of reasons (SOR) they don't have 1 month to decide if they are going to appeal. Once the SOR has been sent by HMCTS then DWP have 1 month to appeal. When a SOR is requested it can often take quite sometime for the Judge to write this up and send it and there's absolutely no timescales for how long they will take to complete the request.

hammers1970

I was told in December that UC were aware of the tribunal decision and that it was agreed that I would receive 3 years of backdated payments and since then all I have been told is that it’s with the decision maker, I will call them this morning and post an update on what they tell me. 

hammers1970

Just got off the phone with UC, I was told that a message would be put on my journal for a CM to call me back.