Work Capability Assessment decision and query backdate monies owing

alexnurse12052022

Hello,

I am not a DWP employee, but I work with the more vulnerable and/or disabled Jobcentre Plus customers.

My client is profoundly deaf since birth, and he also raised psychological wellbeing elements with regard his capability for work. I won't go into all the details of WCA, but can expand if needed. The main point I am helping him with here is that he does feel an injustice with how long it took to get this WCA decision. It was me that took him through the whole process, pretty soon after I met him. We did the UC50 and I attended the WCA. He has been awarded Limited Capability for Work AND Work-related activity.

We know about the additional £354 approx. monthly extra premium to his UC. We also note that DWP award the additional monies "from 3 months after the date you first gave us evidence of your health condition or disability, unless an exception applies".

Can anyone please shed light on, the "date you first gave us evidence"? Does this mean from the time we sent in the UC50? Does it mean the time from the first Fit Note about the health condition was given to the Jobcentre/UC?

Also, my client believes that had the Jobcentre provided more regular BSL interpreting, that he would have completed his UC50 a long-time ago, because he is claiming for a condition that Universal Credit have known about for many, many months, and long before he had the opportunity to complete the UC50.

Is the debate about "when you first gave us evidence" something we can appeal about? If needed? The decision letter of the WCA is dated 06/09/2022 so we have not had an communications yet on how much extra UC my client will receive and what, if any backdate there is.

Alice_Holt

LCWRA should be backdated to when he first reported the health condition and provided Fit Notes.
The extra money (LCWRA element) should be paid from the fourth full UC period after he reported the health condition.

alexnurse12052022

One further questions folks, why does the 3 first three months of the health condition not apply once (of if) Limited capability is proven?

Alice_Holt

alexnurse12052022 said:

One further questions folks, why does the 3 first three months of the health condition not apply once (of if) Limited capability is proven?

       Define 'proven'

alexnurse12052022

Award letter for Limited Capability work Work and Work-related Activity

Alice_Holt

Any extra money (LCWRA element) can be backdated to before the WCA date.
It should be paid from the fourth full UC period after he reported the health condition.

Currently there is a long waiting time for WCA's. 
 

Spoonie_Turtle

alexnurse12052022 said:

One further questions folks, why does the 3 first three months of the health condition not apply once (of if) Limited capability is proven?

It's the same as ESA rules.  First 13 weeks are paid at the assessment rate (standard rate on UC), then after 13 weeks the applicable health-related rate is payable.

[13 weeks translates into 3 months' wait for UC which is a monthly benefit, whereas ESA is a weekly benefit.]

I don't know the original intention behind that period though, maybe others do.

calcotti

alexnurse12052022 said:

One further questions folks, why does the 3 first three months of the health condition not apply once (of if) Limited capability is proven?

Because it’s what the law says.

Spoonie_Turtle

alexnurse12052022 said:

Also, my client believes that had the Jobcentre provided more regular BSL interpreting, that he would have completed his UC50 a long-time ago, because he is claiming for a condition that Universal Credit have known about for many, many months, and long before he had the opportunity to complete the UC50.

This is, in a way, a separate issue from the backdating rules.

Did he provide fit notes and then it took a long time for them to refer him for a WCA, i.e. a very long time between submitting fit notes and the UC50 arriving?

Or did it take a very long time before he started submitting fit notes? 

If the latter, that's a serious disadvantage because they didn't fulfil their obligations under the Equality Act to provide proper accommodations (i.e. a BSL interpreter at every appointment).

If the former, it's less clear whether them not following the WCA referral process properly has actually disadvantaged him, as he'll get the money backdated appropriately, just having taken longer because of the delay between submitting fit notes and being sent the form to get the WCA process started.

alexnurse12052022

Spoonie_Turtle said:

alexnurse12052022 said:

Also, my client believes that had the Jobcentre provided more regular BSL interpreting, that he would have completed his UC50 a long-time ago, because he is claiming for a condition that Universal Credit have known about for many, many months, and long before he had the opportunity to complete the UC50.

This is, in a way, a separate issue from the backdating rules.

Did he provide fit notes and then it took a long time for them to refer him for a WCA, i.e. a very long time between submitting fit notes and the UC50 arriving?

Or did it take a very long time before he started submitting fit notes? 

If the latter, that's a serious disadvantage because they didn't fulfil their obligations under the Equality Act to provide proper accommodations (i.e. a BSL interpreter at every appointment).

If the former, it's less clear whether them not following the WCA referral process properly has actually disadvantaged him, as he'll get the money backdated appropriately, just having taken longer because of the delay between submitting fit notes and being sent the form to get the WCA process started.

It's the latter, which is the case he is wishing to make. I will support him to establish the dates that he had interviews with the Jobcentre but no BSL, and take it from there. Of course, getting him linked into professional advice, if he wishes to take this further, which I am sure he will do. 

Spoonie_Turtle

alexnurse12052022 said:

Spoonie_Turtle said:

alexnurse12052022 said:

Also, my client believes that had the Jobcentre provided more regular BSL interpreting, that he would have completed his UC50 a long-time ago, because he is claiming for a condition that Universal Credit have known about for many, many months, and long before he had the opportunity to complete the UC50.

This is, in a way, a separate issue from the backdating rules.

Did he provide fit notes and then it took a long time for them to refer him for a WCA, i.e. a very long time between submitting fit notes and the UC50 arriving?

Or did it take a very long time before he started submitting fit notes? 

If the latter, that's a serious disadvantage because they didn't fulfil their obligations under the Equality Act to provide proper accommodations (i.e. a BSL interpreter at every appointment).

If the former, it's less clear whether them not following the WCA referral process properly has actually disadvantaged him, as he'll get the money backdated appropriately, just having taken longer because of the delay between submitting fit notes and being sent the form to get the WCA process started.

It's the latter, which is the case he is wishing to make. I will support him to establish the dates that he had interviews with the Jobcentre but no BSL, and take it from there. Of course, getting him linked into professional advice, if he wishes to take this further, which I am sure he will do. 

That's infuriating, totally unacceptable.  I wish him all the best with pursuing it.  [The burden should not be on the disabled person, but realistically if he doesn't pursue it, nothing will change and they'll keep failing people.]