LCWRA applying in residential ? 5 May 2021 at 3:06PM in Disability money matters 5 replies 81 views

Vikkivik77

Hi,
My child is 19 and has ASD and significant mental health issues and lives in a residential college placement 52 weeks a year. They are unable to work and I suspect won’t be able to work ever or at least for many years. 
They will soon be moving to a flat, with 24/7 support as they are not engaging with college and have not for about 18 months. 

Currently my child is getting standard uc and high rate mobility ( HRC is awarded but not paid due to being in residential). 

I’m pretty sure my child should be getting Limited capability for work-related activity element on Uc  but despite my saying this to college, they haven’t supported my child to apply for it. 

Now the social worker is putting pressure on them to apply but I have been asked to confirm what they need to do? 

Please can somebody explain how to apply for Limited capability for work-related activity element for somebody on Uc ( since June 2020) Also could this be back dated? 

Thank you x 

poppy12345

You will need a fit note (formally sick note) from their GP to start the work capability assessment process off. Once they have this a change of circumstances should be reported onto their journal and from that it will ask for details of the fit note. After 29 days they will be referred for a work capability assessment and they will be sent the work capability assessment form (UC50) which will need to be filled in and returned with all their evidence. If they are then awarded LCWRA they will recieve an extra £343 per month from the 4th month of their claim from when they sent in evidence of the health condition.

More information in link https://www.gov.uk/health-conditions-disability-universal-credit

Spoonie_Turtle

It cannot be backdated if you haven't reported their health condition to UC.  I'm not sure on the technicalities if you have and nothing's been done about it.

poppy12345

Spoonie_Turtle said:

It cannot be backdated if you haven't reported their health condition to UC.  I'm not sure on the technicalities if you have and nothing's been done about it.

If the health condition was reported and fits notes have been sent without any gaps then if awarded LCWRA then there maybe backdated money but it will depend on the dates. Although it seems unlikely that that a health condition was reported. 

Spoonie_Turtle

poppy12345 said:

Spoonie_Turtle said:

It cannot be backdated if you haven't reported their health condition to UC.  I'm not sure on the technicalities if you have and nothing's been done about it.

If the health condition was reported and fits notes have been sent without any gaps then if awarded LCWRA then there maybe backdated money but it will depend on the dates. Although it seems unlikely that that a health condition was reported. 

Yeah, I'm inferring fit notes haven't been sent in but I wondered if it was possible to have reported it and nothing happened, especially given that they are in residential college.  I don't know.  Normally if someone's not been referred for a WCA it's because there's nothing on their claim but it's not unknown for people to have it overlooked.

OP do you have access to your child's UC claim or do they and/or someone else deal with it?

elsien

Does your child have an appointee or do they have capacity to manage their benefits themselves?