Backdated UC Help

FusionFury

A friend is getting his Universal Credit Award backdated from 2018. They got put in the LC group in 2018 originally but that has since changed to LCWRA group from 2018 until now 

They was on Transitional Protection since 2018 too

How much backdated money are they owed? the decision maker has said they are owed a significant underpayment.. but how much? 

Thanks 

Newcad

I would normally only do such a calculation if asked by the claimant themselves.

And to do even a rough calculation they'd need to give more precise dates and quite a few more details, because there are a lot of  factors to be considered that you may not have thought of.
(Up to and including things like when did the first claim UC and were they being paid a LCW element?, do they have any debt with the DWP that they are paying off through deductions from their UC?)

I can have a good guess at why LCWRA might now be backdated to 2018, but would still need more details to work out the backpayment.

PS. There wasn't any Transitional Protection in UC in 2018.
The first ones were the SDP Transitional Protection starting 27th January 2021 for Natural Migrations from ESA-LCW with SDP to UC-LCWRA.
(There were about 40 people who might have qualified for a Managed Migration Transitional Protection in the 2019 Harrogate pilot, as fas as I am aware none of them did)

huckster

We're they in receipt of other benefits before claiming UC ?

Is the backdating due following Courts Tribunal outcome decision ?

FusionFury

Newcad said:

I would normally only do such a calculation if asked by the claimant themselves.

And to do even a rough calculation they'd need to give more precise dates and quite a few more details, because there are a lot of  factors to be considered that you may not have thought of.
(Up to and including things like when did the first claim UC and were they being paid a LCW element?, do they have any debt with the DWP that they are paying off through deductions from their UC?)

I can have a good guess at why LCWRA might now be backdated to 2018, but would still need more details to work out the backpayment.

PS. There wasn't any Transitional Protection in UC in 2018.
The first ones were the SDP Transitional Protection starting 7th January 2021 for Natural Migrations from ESA-LCW with SDP to UC-LCWRA.
(There were about 40 people who might have qualified for a Managed Migration Transitional Protection in the 2019 Harrogate pilot, as fas as I am aware none of them did)

Hi,

they was on ESA before and had the tribunal payment in 2021 

They just wanted a rough idea. The decision maker on the phone seemed to suggest it was in the £12K ballpark they are owed, but I don't think that's right? 

FusionFury

huckster said:

We're they in receipt of other benefits before claiming UC ?

Is the backdating due following Courts Tribunal outcome decision ?

Hi,

they was on ESA before and had the tribunal backdated payment in 2021 

They was getting separate £285 payments which I think was the transitional protection? Until it was included in the award 

They just wanted a rough idea. The decision maker on the phone seemed to suggest it was in the £12K ballpark they are owed in backdated payments, but I don't think that's right? As if they received LC Element with transitional protection (so around £285 and £130 each month) surely they was actually on more money than the LCWR element at the time by around £50 each month? Even if it was the mistake of UC in the first place 

They asked for a mandatory reconsideration which overturned the 2018 decision to only put them in the LC group and not LCWRA as they felt UC made the mistake as they are on high rate PIP on both enhanced elements and DLA before that since they was a kid 

They do owe a bit of debt with Universal Credit. I don't know if that's due to the original decision in 2018 to only put them on LC and LCWR which they are now on (and maybe owed money through that?) 

huckster

All of the benefit rates are online on Gov.uk website pages, so you can do your own rough calculations.

UC won't pay any large lump sum to your friend, without contacting them first to find out their situation in being able to manage their finances and also their health/wellbeing. This follows a case in Wales, where a large backdated sum was paid to a claimant, who then used the money on a binge which caused them to become deceased.

FusionFury

I feel like the decision maker has maybe calculated the money owed to my friend wrong, and once it goes to the Case Manager they will pick up on the mistake of the decision maker 

I feel like the decision maker has overlooked the transitional protection hence why they said my friend is owed around £12K in backdated payments since 2018. As the difference between LC and LCWR would be around £12K in backdated payments since 2018 wouldn't it? But they have probably overlooked the £285 payments from "Transitional Protection" from disabled premiums when they was on ESA and the one-off lump sum my friend received in 2021 which was about £6K 

it actually could be that my friend OWES money to UC. When they was told they was owed around £12K in backdated payments.. 

huckster

If transitional protection is showing on statements, then any changes to other awards elements will be factored in to the recalculations. 

Without actually looking at your friends benefit records, understanding more about the transitional protection and how this is affected by the LCWRA award, then any rough calculation would be a guess.

elsien

Is the friend you, by any chance? There’s no harm in saying so. 

FusionFury

huckster said:

If transitional protection is showing on statements, then any changes to other awards elements will be factored in to the recalculations. 

Without actually looking at your friends benefit records, understanding more about the transitional protection and how this is affected by the LCWRA award, then any rough calculation would be a guess.

It only showed up on my friends statements around October 2020 but like I said they was getting "one off" payments of £285 before then which was communicated through their journal (I believe it was the SDP so maybe a different department?) and a large lump sum around end of 2021 of around £6K which I believe was universal for people on ESA etc before 

like I said it could actually be that my friend OWES money instead. The decision maker only said my friend is owed around the £12K, she said she went though his statements with a "fine tooth comb" but once it goes to the Case Manager I feel like they might actually owe money instead.. 

I feel like the decision maker perhaps overlooked the transitional protection which decreases the more money the person gets.. as the difference between LC and LCWRA would be around £12K on its own since 2018 wouldn't it? 

My friends support workers felt it was a mistake he wasn't on high rate UC element since he was high rate PIP both Elements and DLA since he was a kid.. so the original 2018 to only put my friend on the LC Element is reversed now to LCWRA since 2018

huckster

Unlikely they would owe money, unless there was an overpayment on the claim already.

My total guess would be that any underpayment for LCWRA would be reduced due to the transitional protection already being paid and therefore the £12k mentioned is probably wrong.  That would be a gross amount, before any other factors were taken into account.