Backdated UC Help

FusionFury

huckster said:

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.

Thanks.

So based on what I said do you think my friend is owed any underpayment money? They just want a rough idea 

thanks 

FusionFury

Could they pay my friend the £12K he's owed and then say he has an overpayment of the transitional protection amounts? Or would they take it off before paying my friend? 

huckster

My last comment is the final one on calculated amounts, as your friend will need to wait until someone from UC contacts them.

Best action for your friend to take now, is to send a journal message related to payments, asking for UC award statements to be recalculated with LCWRA, following the recent decision.

What should happen is your Case Manager should contact the team that deals with transitional protection, as they will need to perform the task of recalculating all of the statements required. And once they have completed this task, the final underpayment amount will be checked, before it can be issued.

Send the journal and wait.  If friend does not hear back within 2 weeks, send another message to chase up. It is probably going to take a few weeks before any underpayment amount is advised.

FusionFury

huckster said:

My last comment is the final one on calculated amounts, as your friend will need to wait until someone from UC contacts them.

Best action for your friend to take now, is to send a journal message related to payments, asking for UC award statements to be recalculated with LCWRA, following the recent decision.

What should happen is your Case Manager should contact the team that deals with transitional protection, as they will need to perform the task of recalculating all of the statements required. And once they have completed this task, the final underpayment amount will be checked, before it can be issued.

Send the journal and wait.  If friend does not hear back within 2 weeks, send another message to chase up. It is probably going to take a few weeks before any underpayment amount is advised.

Thanks 

Can this take awhile to do? A few weeks? 

huckster

Yes probably a few weeks before any underpayment issued. 

Spoonie_Turtle

If your friend wants to keep copies of original UC statements for reference, they should save them now.  The statements will be overwritten when the payments are recalculated to include the LCWRA, so all statements dating back to the original decision in 2018.

[They can be saved as PDF or screenshots, no need to physically print them all unless your friend specifically wants paper copies.]

FusionFury

It just seems like nobody can give a rough amount my friend is owed in backdated money.. 

poppy12345

FusionFury said:

It just seems like nobody can give a rough amount my friend is owed in backdated money.. 

As has been advised, it’s just not possible to do that without knowing all the exact dates and figures. There’s only so much advice an Internet forum can give.

Is this really related to a friend or yourself? 

Newcad

There is just too much going on with your friends situation over time to even give a rough guess, it will all depend on exact dates when various different things happened, all interacting with each other.
And you do seem hazy on even what year certain things happened.

From what you have said then your friend was one of the earlier, before Jan 2019, migrations from ESA with the SDP who got no transtional protection at first but later got a seperate SDP Transitional Payment. That started in January 2021 so he couldn't have had it before then.
From Jan 2019 to Jan 2021 those with SDP were blocked by law from migrating to UC so he must have migrated before Jan 2019.
Those seperate SDP TP payments were later brought into the main UC payments as the SDP Transitional Element.
That all fits in with how you describe things happened with your friend, but you seem hazy on the dates.

So whilst the DM's figure of £12K was a reasonable start they wouldn't have known about the SDP TP/TE which is probably going to reduce that.
But by just how much it will reduce it, or even if it will reduce it at all*, depends on the various dates of various things happening.

* I have the thought that if the LCWRA is backdated to before the SDP-TE started in Jan 2021 then SDP-TE won't affect the backpayment at all, or at least only very slightly due to the difference between the anual rate rise of LCWRA compared to the rise in LCW. eroding the TP a little bit extra each year.
The reasoning being that if the LCWRA had been it payment as it should have been back then he would still have got the SDP-TP as well in 2021.

You see the sort of things that are involved here, for a time he would have had no SDP-TP than after Jan 2021 he would have had one as a seperate payment, then that was incorporated into the UC payment as SDP-TE.
That's why nobody can give even a rough guess without a lot of dates and other information. Even a rough guess could be wildly out.

The DWP have all the dates and other information needed so they can calculate it properly but he'll have to wait.

FusionFury

Newcad said:

There is just too much going on with your friends situation over time to even give a rough guess, it will all depend on exact dates when various different things happened, all interacting with each other.
And you do seem hazy on even what year certain things happened.

From what you have said then your friend was one of the earlier, before Jan 2019, migrations from ESA with the SDP who got no transtional protection at first but later got a seperate SDP Transitional Payment. That started in January 2021 so he couldn't have had it before then.
From Jan 2019 to Jan 2021 those with SDP were blocked by law from migrating to UC so he must have migrated before Jan 2019.
Those seperate SDP TP payments were later brought into the main UC payments as the SDP Transitional Element.
That all fits in with how you describe things happened with your friend, but you seem hazy on the dates.

So whilst the DM's figure of £12K was a reasonable start they wouldn't have known about the SDP TP/TE which is probably going to reduce that.
But by just how much it will reduce it, or even if it will reduce it at all*, depends on the various dates of various things happening.

* I have the thought that if the LCWRA is backdated to before the SDP-TE started in Jan 2021 then SDP-TE won't affect the backpayment at all, or at least only very slightly due to the difference between the anual rate rise of LCWRA compared to the rise in LCW. eroding the TP a little bit extra each year.
The reasoning being that if the LCWRA had been it payment as it should have been back then he would still have got the SDP-TP as well in 2021.

You see the sort of things that are involved here, for a time he would have had no SDP-TP than after Jan 2021 he would have had one as a seperate payment, then that was incorporated into the UC payment as SDP-TE.
That's why nobody can give even a rough guess without a lot of dates and other information. Even a rough guess could be wildly out.

The DWP have all the dates and other information needed so they can calculate it properly but he'll have to wait.

Hi, 

I think you are right because the case manager has transferred the £13k into my friends bank account and they will receive it on Monday. And that would have to be checked and double checked 

i read on another website someone said that if the LCWRA is added (which it will be with a mandatory reconsideration overruling the original decision) at the start of the claim (transferring from ESA for example) the original £285 TP won't be completely eroded like it would if LCWRA was added later (but instead slowly reducing each April) so my friend is owed the difference between LCW and LCWRA since the start of his claim 

Does that make sense? 

Thanks