Awared LCWRA, Will I be backdated ?

calcotti

xxxxxxxx said: It really is semantics but one of us is actually correct.

Apologies - you are correct.

Whitebeast

Update just had a phone call and this message,

Thanks all for your advise.

xxxxxxxx

Did your UC claim start end of November 2021? if so, the award is correct.

If not and you want it checked, please answer my previous questions.

Whitebeast

xxxxxxxx said:

Did your UC claim start end of November 2021? if so, the award is correct.

If not and you want it checked, please answer my previous questions.

Been on UC for 2 years I told them about my illness on 25 Oct 2021 they said 

We can accept that you have a temporary period of sickness to cover the reason
 why you haven't been able to attend to see me today.
 We can cover you for a period of 14 days before needing
 to have a fit note from your GP.

on 4th november I added a fit note 

Details on fit note

• Fit note start date: 16 October 2021
• Fit note end date: 14 November 2021
• Fit note accepted? Yes

There has been NO gaps in fitnotes

poppy12345

Whitebeast said:

xxxxxxxx said:

Did your UC claim start end of November 2021? if so, the award is correct.

If not and you want it checked, please answer my previous questions.

Been on UC for 2 years I told them about my illness on 25 Oct 2021 they said 

We can accept that you have a temporary period of sickness to cover the reason
 why you haven't been able to attend to see me today.
 We can cover you for a period of 14 days before needing
 to have a fit note from your GP.

on 4th november I added a fit note 

Details on fit note

• Fit note start date: 16 October 2021
• Fit note end date: 14 November 2021
• Fit note accepted? Yes

There has been NO gaps in fitnotes

Based on that information UC are correct with the money they owe you.

calcotti

You added the Fit Note more than 7 days after you declared the condition. If you are treated as declaring your health condition on 4th November when you provided the Fit Note, which is in your October - November assessment period, you would not be paid for November - December, December - January and January - February. The LCWRA element is then payable for February to March onwards which means that the arrears calculation is correct.

However if you were treated as notifying the health condition on 25th October which is in your September to October period then the LCWRA element would be payable from the period commencing 27th January. Maybe worth querying the start date on the basis that you reported you health condition on 25th October.

xxxxxxxx

You declared an illness affecting your ability to work on 25th October  This is accepted as a self certificate for 7 days - very reasonably, you went to your doctor and obtained a fit note valid from before the date of your self certificate and you very reasonably presented this to UC on 4th November 10 days after the self cert declaration. 

How did you tell them about your illness on 25th October? Did you write anything in your journal or did you declare a "change to Health"  in your account?  Or was it verbally declared to your work coach?   On what date did you first declare a Change to health on your UC Account?  

What date did they write this and was it in your journal?

We can accept that you have a temporary period of sickness to cover the reason
 why you haven't been able to attend to see me today.
 We can cover you for a period of 14 days before needing
 to have a fit note from your GP.

Theoretically this should have happened... 
25th October Relevant Period starts for 3 months
24th January Relevant Period ends. 
UC Regs 28(2)(b)  LCRWA is awarded from the first day you provided medical evidence in accordance with the medical Evidence Regulations.  (Which includes by self declaration of a self certificate for 7 days.).  
LCWRA is paid from the first AP after the Relevant Period ends. Which I believe for you means it should be paid from the end of January.    I can't quote dates because I don't fully understand what your AP end dates are. 

In your Journal,  ask:
What date has LCWRA been awarded from?    (it is probably 4th November).
Please can I have a Written Statement of Reasons for the Award of LCWRA to include the justification of the date LCWRA has been awarded from.

You could also ask for a Mandatory Reconsideration now, or wait until they have provided the above information.  I suggest you wait.

poppy12345

xxxxxxxx said:

You declared an illness affecting your ability to work on 25th October  This is accepted as a self certificate for 7 days - very reasonably, you went to your doctor and obtained a fit note valid from before the date of your self certificate and you very reasonably presented this to UC on 4th November 10 days after the self cert declaration. 

How did you tell them about your illness on 25th October? Did you write anything in your journal or did you declare a "change to Health"  in your account?  Or was it verbally declared to your work coach?   On what date did you first declare a Change to health on your UC Account?  

What date did they write this and was it in your journal?

We can accept that you have a temporary period of sickness to cover the reason
 why you haven't been able to attend to see me today.
 We can cover you for a period of 14 days before needing
 to have a fit note from your GP.

Theoretically this should have happened... 
25th October Relevant Period starts for 3 months
24th January Relevant Period ends. 
UC Regs 28(2)(b)  LCRWA is awarded from the first day you provided medical evidence in accordance with the medical Evidence Regulations.  (Which includes by self declaration of a self certificate for 7 days.).  
LCWRA is paid from the first AP after the Relevant Period ends. Which I believe for you means it should be paid from the end of January.    I can't quote dates because I don't fully understand what your AP end dates are. 

In your Journal,  ask:
What date has LCWRA been awarded from?    (it is probably 4th November).
Please can I have a Written Statement of Reasons for the Award of LCWRA to include the justification of the date LCWRA has been awarded from.

You could also ask for a Mandatory Reconsideration now, or wait until they have provided the above information.  I suggest you wait.

The fit note was produced after the 7 day period from when the health condition was reported. The waiting period is therefore correct, unless the DM accepts the reasons why they didn't report the fit note within the 7 days after the health condition was reported.

calcotti

poppy12345 said: The fit note was produced after the 7 day period from when the health condition was reported. The waiting period is therefore correct, unless the DM accepts the reasons why they didn't report the fit note within the 7 days after the health condition was reported. 

In the circumstances, I would query the start date on the basis that the health condition was reported on 25th October and OP was advised to provide a Fit Note within 14 days (going by the note in the journal) and the OP did this. 

(I can’t recall now whether the 7 day rule was relaxed at some stage during covid measures.)

xxxxxxxx

Regulation 28(2) (b)in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

A self cert is provided for within Medical Evidence Regulations and must be accepted as Medical Evidence of LCW.