Backdated UC Help

HillStreetBlues

FusionFury said:

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 

Yes.

IF the TP  hasn't eroded yet the underpayment will be very easy to work out because there won't have been an increase in UC.

So for example a person was awarded £1000 per month from  April 2018  but should have been awarded £1250.
Then the underpayment would be £15k   (60 months at £250)

FusionFury

HillStreetBlues said:

FusionFury said:

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 

Yes.

IF the TP  hasn't eroded yet the underpayment will be very easy to work out because there won't have been an increase in UC.

So for example a person was awarded £1000 per month from  April 2018  but should have been awarded £1250.
Then the underpayment would be £15k   (60 months at £250)

I read the TP for LCWRA is lower about £130? But £285 without..

But I guess my friend got the £285 TP protection at the start of his claim because he was transferring from ESA so adding LCWRA at the start won't change the £285 TP? Which like you said means they only need to count the difference between LCW and LCWA 

HillStreetBlues

I had a think about it  and ignore my last post, as any increase in UC should mean less TP

HillStreetBlues

Trying to work it out

Does your friend claim for rent?

FusionFury

HillStreetBlues said:

Trying to work it out

Does your friend claim for rent?

Yes 

are you sure they wouldn't receive the £285 TP if it was added at the start of the claim with LCWRA? 

poppy12345

FusionFury said:

HillStreetBlues said:

Trying to work it out

Does your friend claim for rent?

Yes 

are you sure they wouldn't receive the £285 TP if it was added at the start of the claim with LCWRA? 

If the LCWRA would have been included in his UC at the start of his claim then the TP wouldn't have been £285/month. It would have been £120-/month.

HillStreetBlues

FusionFury said:

HillStreetBlues said:

Trying to work it out

Does your friend claim for rent?

Yes 

are you sure they wouldn't receive the £285 TP if it was added at the start of the claim with LCWRA? 

Are you sure the £285 isn't the Housing Element?

poppy12345

If he was receiving the higher TP amount of £285 and his UC included the LCW element because his claim started before the rules were changed for this element. Then I can’t see how they came to a figure of £13,000. 

Impossible to advise without knowing more information. Expert advice is needed from an agency near him. 

FusionFury

poppy12345 said:

If he was receiving the higher TP amount of £285 and his UC included the LCW element because his claim started before the rules were changed for this element. Then I can’t see how they came to a figure of £13,000. 

Impossible to advise without knowing more information. Expert advice is needed from an agency near him. 

Not sure. 

At the end of the day the Case Managers will have checked and double checked. I can't see them making a mistake for such a high amount.. can you? Obviously I don't know everything (like the Case Managers do) and I'll advise him to go to CAS for further advice. 

Thanks 

huckster

The Case Manager should have contacted the team that deals with transitional protection, to check whether the backdating of the LCWRA award affected the transitional payments.

So it is possible that the Case Manager has made an error and if this is picked up, your friend may be contacted in the future about being overpaid.

In addition, the Case Manager would be required as part of the process, to check whether they could issue a payment as large as £13k, without making contact with the claimant first.  For some claimants, if they are paid such a large sum, as a lump sum amount, it can lead to problems.  So they will sometimes schedule payments over a period of time.