LCWRA backdating entitlement

Ryanenq

Hi, this is my first post, I was pointed here by an acquaintance and hope somebody can offer advice.

My apologies in advance if the post is too long, I just want to make my situation clear.

My issue is related to eligibility for backdated LCWRA payments.

I first claimed universal credit on 27/02/2019 due to having become unwell.
I offered my reasons for claiming, showing evidence that I had had to stop working, despite having tried to remain in employment.
My claim was accepted and the first payment recieved by me was 02/04/2019, somewhere in the region of £250.

On 04/05/2019, I recieved a UCD35 notification, leading to my attendance at an assessment centre, where I was examined by a doctor and where I was given the opportunity to explain that I had become so unwell in late 2018, that I could no longer work.

On 26/07/2019, I recieved a UCD81 notification advising that I would recieve an award of LCWRA, totalling 336.20 per month, in addition to the standard UC payment.
I was advised that I no longer needed to submit fit notes.

I recieved the first payment of LCWRA on 02/12/2019, some 9 months after my initial claim was filed.

My payment generally falls on the 2nd of each month.

Having taken on board some advice from a support group I sometimes attend, where the suggestion was raised that I was eligible for the LCWRA award from the 4th month of my claim, I phoned UC, who told me to enter a query in my online journal.
I made this entry on 27/05/2021.

Having done so, an agent responded on 02/06/2021, informing me that the matter is not quite as straightforward as I may believe and he explained the following.....

Due to the pandemic, my award had not been reviewed and that an extra 4 months had been added to my award length, which was made to sound like a plus for me, despite having previously been informed that I would not be reviewed for upto 3 years.
I could not make sense of the relevance of the point made, it being unrelated to the backdating.
In all honestly, I worried that I had upset them by asking and grew anxious about having to go through another assessment.

On the subject of backdating, I was advised that there is a 3 month waiting period, following the date of the award decision before the first payment is made.

Decision letter - 26/07/2019
First payment - 02/12/2019

I may be entirely wrong but everywhere I look online, browsing benefits forums, it seems that the LCWRA is backdated to the 4th month of the initial UC claim.
It appears that many claimants are turned away when asking for LCWRA to be backdated, although on appeal, it seems that the DWP accept that the eligibility begins from the 4th month after claiming, rather than from the date of the assessment decision.

I have made another enquiry on the matter today and was told almost immediately via the journal, that my claim had been escalated to a decision maker, for reconsideration.
I understand this can take 14 weeks or more.

My fit notes are without gaps and cover all of the claim period and approximately 9 weeks before my initial claim.
My doctor has advised that I have been unfit for work since before the initial UC claim.

Am I right in assuming that the LCWRA should be backdated, if not to 18/12/2018 alongside the UC claim, then at the very least from the 4th assessment period from the date I first filed a claim in 27/02/2019.

If so, and the reconsideration is not in my favour, do I have any other avenue to pursue the backdating?

Any words of advice or pointers would be greatly appreciated.

Thank you for taking the time to read this.

Ry

poppy12345

No idea what they mean by " Due to the pandemic, my award had not been reviewed and that an extra 4 months had been added to my award length" LCWRA is an ongoing award until you're next reassessed and a new decision's made on your claim. There maybe a date for a review on your claim but this isn't set in stone and backlogs are huge at the moment so your review could be delayed.

There's a 3 full month assessment period waiting time. Then the LCWRA is payable from the 4th month of your claim.My calculations tell me that your waiting periods are Feb/March, March/April, April/May. The LCWRA element is payable from June 2019 so yes they do owe you money.

Ryanenq

Thank you for your reply Poppy, I'm grateful for your input.
I did feel as though I had not properly understood their response and was growing worried that I might incur some mild wrath.

Much appreciated.

Ry

Crazydennie

Maybe I missed it but when did you first hand in a fit note?

poppy12345

Crazydennie said:

Maybe I missed it but when did you first hand in a fit note?

I took this as they reported the health condition when they first claimed UC.

Ryanenq said:

My fit notes are without gaps and cover all of the claim period and approximately 9 weeks before my initial claim.
My doctor has advised that I have been unfit for work since before the initial UC claim.

OP your back dated fit note won't be accepted for a date before your UC claim began. If you reported your health condition on the same date you applied for UC and provided the fit note within 7 days then my advice above is correct.

Ryanenq

Ah.

27/02/2019
Submitted claim for universal credit on grounds of being unfit for work.
Whilst I didn't hand in a fit note at this time, I did make the adviser aware that I had left my job as I couldn't function day to day.

22/03/2019
Submitted fit note - (backdated to 18/12/2018).

I expect any dates where I was sick prior to 27/02/2019 would be disregarded.
Would that place my eligibility date for LCWRA at a later point?

Thank you

Ry

poppy12345

This does make a difference because as i advised when you report a health condition you then have 7 days to report your fit note, if you don't do this within that time then your waiting period start date is delayed. Even though your fit note was backdated, it doesn't matter because the waiting period has to be 3 full assessment periods.

27th Feb - 26th March doesn't count.

27th March -26th April 1 month

27th April - 26th May 2 months

27th May -26th June 3 months

LCWRA starts from AP 27th June - 26th July and the extra money received from your August payment date. As there was a delay with your fit note then you're owed 1 month less than i previously advised.

Ryanenq

That makes sense, thank you for explaining it so clearly.
I feel bettter able to speak confidently with the DWP on the matter, now that I have better insight.
I'm grateful to you Poppy.

Much appreciated.

Ry

Ryanenq

Poppy,

Following this thread, I spoke with an advisor and the cogs of process began moving again.

I have recieved news today that the initial decision was incorrect, a correction was made and an additional award of 7 months is due.

My gratitude toward you, for confidently affirming that my position was right, for spurring me on and giving me the confidence to pursue the matter, cannot be overstated.

Bless you x

Ryan

poppy12345

Glad it's been sorted and thanks for the update