LCW & LCWRA

Amanda2107

Started a new claim for UC in April 2020 due to husband being furloughed, I was receiving ESA Contribution based (WRAG) until the week before claiming UC I had been in the Suppost Group up until 2019 and after assesment got put in WRAG group.  Right from the start of UC I told them of my Illness and kept adding notes to my journal hoping for a reply, in December I actually managed to get it sorted and got awarded LCW from start due to transitioning from ESA and then got sent a the form to fill in how my illness affects me.  Assesment carried out over phone and decision made for me to go into LCWRA group.  My question is when should LCWRA be payable from as I can't get a answer from UC as far as Im concered they were aware from the start and I am being penalised for their slow response as they are saying its only from decision date but had they sent me the form earlier it would been awarded erlier.

poppy12345

It will depend on whether you reported your worsening of health condition on your journal and requested a new work capability assessment. If you didn't actually do this and DWP requested the revciew then the LCWRA will only start from the assessment period in which the decision was made.

Amanda2107

Thanks, I did keep putting things on my journal to do with my health and actually asked numerous times for the UC50 form but it wasn't until someone called me and actually took a day or so looking into things that it got sorted and then she said Im sending you a UC50.  never had a assesment before by UC.  So even though from form being sent to decision being made (approx 6 months) none of that waiting time is backdated?

poppy12345

You already had LCW when you applied for UC because of you claiming ESA so this would have applied to UC as well. Unless you actually "reported a change of circumstances" through your journal  (not just put a message onto your journal) then you won't receive any backdated money.

Spoonie_Turtle

If you thought the WRAG decision was wrong you needed to challenge it.  Your LCW was transferred from ESA so as far as UC are concerned that was correct.

What was it you were originally asking UC to do?  It reads to me that you were having to ask them to recognise your existing LCW from ESA.

"in December I actually managed to get it sorted and got awarded LCW from start due to transitioning from ESA"

In which case the reassessment wasn't triggered until that phone call when the UC50 was issued.  If you can definitively point to requesting a reassessment (for a new decision) then you may possibly have a point - I don't know if they do backdate to changes of circumstance - but otherwise I doubt it.

poppy12345

Spoonie_Turtle said:

  If you can definitively point to requesting a reassessment (for a new decision) then you may possibly have a point - I don't know if they do backdate to changes of circumstance - but otherwise I doubt it.

They do backdate with a change of circumstances for the WCA but you would have needed to have actually reported the changes on your journal, rather than just leave a message.

Amanda2107

Spoonie_Turtle said:

If you thought the WRAG decision was wrong you needed to challenge it.  Your LCW was transferred from ESA so as far as UC are concerned that was correct.

What was it you were originally asking UC to do?  It reads to me that you were having to ask them to recognise your existing LCW from ESA.

"in December I actually managed to get it sorted and got awarded LCW from start due to transitioning from ESA"

In which case the reassessment wasn't triggered until that phone call when the UC50 was issued.  If you can definitively point to requesting a reassessment (for a new decision) then you may possibly have a point - I don't know if they do backdate to changes of circumstance - but otherwise I doubt it.

Thats what Im trying to say, they didn't pick up on me coming from ESA so I went for months without LCW being added and loads of notes being added to journal asking why I was not receiving it.  One day I got a call from them and the lady actually looked into and agreed I was entitled from start and this then sent the UC50 so how could I ask for a change in circumstances or reassesment if there wasn't anything till they agreed to me being entitled to LCW, the form was sent back straight away but waited a further 3/4 months for assesment and decision yes I was receving LCW in that time but due to their delay surely it should be backdated to issue date not decision date as some people could be waiting months.

Thank you for your reply and sorry for the essay but this UC just blows my mind

poppy12345

Even though you were in the WRAG when claiming ESA, which would have entitled you to LCW for UC, if your ESA claim started after April 2017 then there's no extra money for this anyway. If at the time when you were placed into the group you disagreed then you should have requested the Mandatory Reconsideration (MR) then Tribunal for that decision.

When you claimed UC you could have reported a change of circumstances on your journal, there's actually a part on your journal for you to do this. I agree with Spoonie here, it sounds like you were asking about your LCW award to be added to your claim, rather than report a change of circumstances.

As you didn't report a change of circumstances then as advised your LCWRA extra payments will start from the assessment period in which the decision was made. When DWP request the review there's never any backdated money and this applies to the ESA work capability assessment too.

Amanda2107

I have just checked my journal and I did report a health change at the start and put a date in of 01/01/20 and yes you are correct I did have to argue with them to get the LCW added as I was on ESA before 2017.  Where does this leave me, as far as I can see due to their lack of knowledge and the pandemic i got over looked and Im being penalised for it like I say how could I ask for a reassesment if id already told them about my health change and this or anything else didn't get actioned when it was put on

poppy12345

I don't understand why you put a date of 01/01/20 when you weren't claiming UC until April 2020. If you actually reported the change and not just "added a note onto your journal" then backdated money should be paid with the difference between LCW and LCWRA from the date you reported the change.

Spoonie_Turtle

Amanda2107 said:

I have just checked my journal and I did report a health change at the start and put a date in of 01/01/20 and yes you are correct I did have to argue with them to get the LCW added as I was on ESA before 2017.  Where does this leave me, as far as I can see due to their lack of knowledge and the pandemic i got over looked and Im being penalised for it like I say how could I ask for a reassesment if id already told them about my health change and this or anything else didn't get actioned when it was put on

When did your claim start?  Edit: just read poppy's post and now I see you originally wrote April 2020.  Okay the backdating of whatever it was to January is weird, not going to have any effect.

Which December did you get them to put your LCW on your claim?  Edit: so December 2020 I guess.

I understand your position but if you thought you needed reassessing then it is reasonable to expect that you would tell them this as well as chasing the LCW - these were two separate issues.  If you were only chasing the LCW then they would assume you were happy with that, there would be no reason to think you were requesting a reassessment.

Also anyone can report a worsening of health needing an assessment, there's no prerequisite to already have health issues or having claimed ESA, etc.

If there is any backdating I would assume it's like ESA and would apply if you specifically reported a change of circumstances (i.e. telling them your health had got worse) and requesting reassessment, not just them deciding to reassess you (as far as I understand).  I don't know if that has been carried over to UC though.

Btw when they added the LCW to your claim, did you have earnings through those months that should have had the work allowance applied?  If you have children you'll have had the work allowance anyway though.