Lcwra help please!

Hi, I’m just wondering if anyone can help me please, someone who I care for has been awarded lcwra. Initaially he claimed uc from 2019 and then in 2021 his health declined and he was unable to work, he started handing in sick notes with no gaps. The uc50 form was sent out in January this year to which I completed and returned straight away. His assessment was august. He has had his award letter and from what I understand payments should start 3 months after medical evidence or sick notes are handed in. When I have queried this with uc they are adamant he has been awarded from 15.08.23 and is not entitled to any backpay, they are also claiming that he isn’t entitled to the extra element in his uc until 3 assessment periods after his award date. Is this correct or it intact payments should be made from 3 months after sick note was handed in? Payment dates are 19th of the month
thanks 

Comments

  • Sorry about the end of this autocorrect did me over! 😂
  • https://www.entitledto.co.uk/help/long-term-health-condition-or-disability-universal-credit#:~:text=In most cases, the LCWRA,be paid any amount owing.


    My understanding would agree with yours. Actually payment dates will depend on the assessment period and exact date of fit note.

    Certainty not 3 months after the WCA decision.

    Did that info come from a UC call-handler?  They often give incorrect info, as they aren't trained - but nevertheless tend to give incorrect benefit advice to end the call within their allocated call time period. 

    I'd suggest the individual leaves a message in their journal setting out the dates, and their expectation of a backdate - quote :
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1165653/admf5.pdf
    Para 5031 Note 2
      

    If there isn't a backdate given - then submit a mandatory reconsideration of that decision.  


    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Newcad
    Newcad Posts: 782
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    edited 20 September 2023 at 12:20PM
    The LCWRA 'waiting' rule with an existing UC claim is that LCWRA payments start from the end of the 3rd full assessment period following providing evidence.
    That will be from when he first gave the evidence (fit note) to the when his next AP started on the 13th, then another 3 full APs untill his LCWRA payments start with the start of the 4th AP, with the first LCWRA payment at the end of that 4th full AP.
    However it is not unusual at all to find that the UC Work Coach doesn't understand/know that and they either say it's 3 months from the decision date, or 3 months from the assessment date which is what appears to be happening here. (I assume the assessment was 15 Aug).
    TBH it's a scandal that they still get this wrong as often as they do, it's usually a fairly new Work Coach with poor training, that's no excuse but it is what it is and you have to deal with it.
    The solution is to raise a 'Mandatory Reconsideration' on his journal under 'A Payment' asking for the backpayment to be made correctly from the end of the 3rd full Assessment Period following the provision of medical evidence (Fit Notes).
    Putting it under 'A Payment' should get it to the attendion of a Case Manager./ Decision Maker who will correct it.
    If for any reason they still refuse to backdate, (or just ignore the request for MR), then you launch an appeal to the tribunal.
    (It won't get as far as tribunal because the DWP don't have a leg to stand on in these cases).
  • Muttleythefrog
    Muttleythefrog Posts: 19,682
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    edited 20 September 2023 at 12:11PM
    Agree with Alice's advice... let us know the outcome of interactions... if it was a call handler/work coach then sadly rather than plead ignorance they frequently give completely false benefit information. In the end you'll probably get this resolved... decision makers ultimately do seem to understand the rules and apply them but hopefully it doesn't need to get to that. Sadly often even the first result popping up on google for UC questions is more reliable the UC staff - I even quoted such to one who was trying to insist that my wife must claim Carer's Allowance and there was no such thing as a Carer classification or element to UC... and I had another who didn't even have a clue about the length of holidays allowed abroad so started guessing based on what I was saying to them... I duly asked for clarification in writing and got incorrect response. But anything that has landed with a decision maker has been professionally handled.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Alice_Holt
    Alice_Holt Posts: 5,842
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    edited 20 September 2023 at 12:36PM
    "Newcad said:

    The solution is to raise a 'Mandatory Reconsideration' on his journal under 'Payments' asking for the backpayment to be made correctly from the end of the 3rd full Assessment Period following the provision of medical evidence (Fit Notes)."


    I wouldn't be doing a MR at this stage - because, as I understand the OP, there is not a decision to challenge / no incorrect payment made.

    The OP has received garbled info from an ill-informed / trained DWP employee unconnected to the actual UC payment procedures system. You can't do a MR for incorrect info given by a DWP employee, a MR is to challenge a DWP decision -     
    https://www.disabilityrightsuk.org/resources/appeals-and-mandatory-reconsiderations#Introduction

    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-benefit-decisions/challenging-a-decision-by-the-dwp-or-hmrc/challenging-a-benefit-decision-mandatory-reconsideration/



    So, as I advised above -  A note in the journal quoting the ADM guidance.
    Then a MR if the actual decision (and actual payment) is incorrect.


    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Newcad
    Newcad Posts: 782
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    I was reading it as having been a query and reply on the journal.
    That's probably biased of me because I would never ring UC myself except in a dire emergency, I'm aware how bad the enquiry line can be.
    If it was just a phone jockey then yes it's too early for MR yet.
    (Although I might have expected an LCWRA payment yesterday we don't know just when the decision itself was actually made, so that first payment, and backpay, might not be included till next month).
  • The one caveat here (as I understand it) is that the fit notes have to cover the whole time continuously.  If there was a break/gap between them for whatever reason that causes problems.  My understanding is it should in that case be backdated to the most recent continuous period (but I'm not 100% sure, happy to be corrected). 
    [Also not sure of an official source to back that up, it's just what I've picked up from this board.]
  • Newcad
    Newcad Posts: 782
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    It is a possible issue, but the op did say continuous, and if there was a gap then the dates don't seem to add up.
  • Newcad said:
    It is a possible issue, but the op did say continuous, and if there was a gap then the dates don't seem to add up.
    Good spot, I missed that.  And yes, the dates would still have been wrong.
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