Lcwra back pay

K_manson

calcotti said:

That's why it was confusing. They shouldn't have asked you to provide Fit Notes unless you had declared a health condition. Did you declare a health condition when you claimed UC (and when was that)?

I have been handing them in for a while now, they said nothing about LCW just kept asking for my fit notes each month, then once I was in the homeless shelter in February my key worker put the application in for LCW and it was only then my health got changed on uc

calcotti

K_manson said: I have been handing them in for a while now,

You still haven't said whether or not you declared a health condition when you claimed, nor what date taht was.
Can't give you a definite answer.
See what UC say and if they don't backdate ask your key worker to challenge them to backdate it to fourth months after you started supplying Fit Notes.

K_manson

calcotti said:

You still haven't said whether or not you declared a health condition when you claimed, nor what date taht was.
Can't give you a definite answer.
See what UC say and if they don't backdate ask your support worker to challenge them to backdate it to fourth months after you started supplying Fit Notes.

No it wasn’t declared on my journal until February 2022 this is where I got confused because I’ve been handing fit notes in for a lot long that 

ill speak to my support worker in the next couple of days, thank you all for your help

calcotti

K_manson said: ill speak to my support worker in the next couple of days, thank you all for your help

I think that's best because they presumably know all the details of your case. UC should have responded to the fact you were submitting Fit Notes and in your circumstances i would be trying to get the LCWRA payments backdated to the fourth payment. Hopefully they can hep you with this.

Robbie64

Prior to your support worker helping you, were you expected to look for work and did you have a work coach? It looks like UC have been accepting fit notes from you for quite some time without actually doing anything about them until earlier this year.

calcotti

Robbie64 said: It looks like UC have been accepting fit notes from you for quite some time without actually doing anything about them until earlier this year.

That's the way I read it. If support worker will deal with it, that is best option for OP because support worker hopefully knows the background.

tifo

What everyone is asking is how did you declare a health condition a year plus after you started giving fit notes to UC? The fit notes would have your health condition on, i.e. the health conditions which make you unfit for work. Thus UC should accept your first fit note as an application for LCW/RA.

It gets difficult because they referred you for an assessment much later when circumstances changed. My recent experience is that DWP will not look at the time before the UC50 form which a claimant completes for an LCW/RA assessment.

As an example, I came to UC in March 2019 and they accepted my first fit note as an application for LCW/RA. I was then referred for an assessment within a month and I completed the UC50 form and sent it off. They didn't do anything for a year and asked me to complete another UC50 form in March 2020. I then had an assessment in September 2021. They're attributing the delay to covid (from the second form).

I didn't get LCW/RA from the DWP but got LCW on appeal. But this comes with no extra money. Had I got LCWRA i'd have asked this to be backdated to March 2019 because that's when I handed my first fit note and the DWP say they accepted this as an application for LCW/RA. The DWP would have probably said No, it's from your second UC50 form in 2020. However, that's academic since I didn't get LCWRA.

So, looking at my experience, you should argue to the DWP that they accepted your first fit note a year plus ago as an application for LCW/RA and that, now that you've got LCWRA, it should be backdated from 4 months after your first fit note (that's the general wait). They can't argue about this.

calcotti

tifo said:..you should argue to the DWP that they accepted your first fit note a year plus ago as an application for LCW/RA and that, now that you've got LCWRA, it should be backdated from 4 months after your first fit note (that's the general wait). 

That's my opinion based on the information provided as per my previous replies. It does however make sense to get the support worker to deal with this if they can, because thy will know the case.