Requesting a copy of LCWRA assessors decision?

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Comments

  • devon_guy
    devon_guy Posts: 291 Forumite
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    Ask for a MR because that information is wrong.
  • QBdoo
    QBdoo Posts: 39 Forumite
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    I sent a request for a mandatory reconsideration. Please see reply:
    Can you state what the mandatory reconsideration is for and your reasons.
  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    edited 15 January at 2:23PM
    Request it's referred to a decision maker (DM)  if they refuse open up a complaint.
    https://makeacomplaint.dwp.gov.uk/

    Let's Be Careful Out There
  • QBdoo
    QBdoo Posts: 39 Forumite
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    edited 15 January at 2:37PM
    Please see message emailed to UC below:

    I believe I am entitled to backdated payments which I have not received. I have been sending in Fit notes since 2nd June 2023. Under The Universal Credit Regulations 2013, Section 28, 2b this is when the relevant period of three months begins. The first period of paid LCWRA will be the 7th September to the 6th October and then ongoing. I would appreciate if you would please arrange for any payments that I'm currently missing to be paid. If you are unable to action this I would like my query to be referred to a decision maker.

    Can someone please confirm the definite dates I am entitled to receive backpay as I'm concerned "7th Sept to the 6th Oct and then ongoing" is probably too vague?
  • Jyana
    Jyana Posts: 723 Forumite
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    edited 15 January at 2:34PM
    You can also ask for a MR via phone on 0800 328 5644.
  • Newcad
    Newcad Posts: 910 Forumite
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    edited 15 January at 3:17PM
    As already said that reply is simply wrong, we do see it fairly frequently simply because Work Coaches can be poorly trained and get it wrong - but it is wrong and it should always be challenged.
    The law states that LCWRA payments in UC start after 3 full APs from when you first provide evidence, ie. from when you provide the fit notes.(The 'evidence' doesn't have to be fit notes but that is the most common way of providing evidence).
    The date the decision is/was made is totally irrelevant to that law.
    It doesn't matter what any Work Coach thinks/says, it's the law that counts.
    So you are correct and it's the DWP (your work coach) who are being stubborn.
    As it seems that your WC is ill informed and will not take any action then put your message again on 'A payment' in the journal messaging.
    Putting it on 'A payment' means that it should get to a Case Manager and not just your WC.
    I would reword it slightly adding a new first line:
    I am requesting a Mandatory Reconsideration of the decision not to pay me LCWRA element from the 7th September 2023.
    I have been providing Fit notes since 2nd June 2023. Under The Universal Credit Regulations 2013, Regulation 28 (2)(b) this is when the relevant period of three months begins. The first period of entitlement to be paid LCWRA was the 7th September to the 6th October and then ongoing. I request that you correct this error and pay all payments that have been missed from my UC entitlement.
    If they still refuse to change it then it will be time to appeal to the tribunal, where you WILL win.
    (If you do have to make such an appeal it will probably not get as far as an actual tribunal, because when you lodge an appeal the DWP then look properly and a Decision Maker will correct things before it goes that far).



  • QBdoo
    QBdoo Posts: 39 Forumite
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    Newcad said:
    That reply is simply wrong, we do see it fairly frequently simply because Work Coaches can be poorly trained and get it wrong - but it is wrong and it should always be challenged.
    The law states that LCWRA payments in UC start after 3 APs from when you first provide evidence, ie. from when you provide the fit notes.(The 'evidence' doesn't have to be fit notes but that is the moast common way).
    The date the decision is/was made is totally irrelevant to that law.
    It doesn't matter what any Work Coach thinks/says, it's the law that counts.
    As it seems that your WC is ill informed and will not take any action then put your message again on 'A payment' in the journal messaging.
    That way it should get to a Case Manager and not just your WC.
    I would reword it slightly adding a new first line:
    I am requesting a Mandatory Reconsideration of the decision not to pay me LCWRA element from the 7th September 2023.
    I have been providing Fit notes since 2nd June 2023. Under The Universal Credit Regulations 2013, Regulation 28 (2)(b) this is when the relevant period of three months begins. The first period of entitlement to be paid LCWRA was the 7th September to the 6th October and then ongoing. I request that you correct this error and pay all payments that have been missed from my UC entitlement.


    I've done as you suggested. Fingers crossed!
  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    I wonder how many people are short-changed as they just believe the WC.
    Let's Be Careful Out There
  • QBdoo
    QBdoo Posts: 39 Forumite
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    I wonder how many people are short-changed as they just believe the WC.
    Was thinking the very same - It's frightening to imagine!
  • Newcad
    Newcad Posts: 910 Forumite
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    I have edited the above slightly and added what to do next if they still refuse to pay you correctly.
    If they still refuse to change it then it will be time to appeal to the tribunal, where you WILL win.
    (If you do have to make such an appeal it will probably not get as far as an actual tribunal, because when you lodge an appeal the DWP then look properly and a Decision Maker will correct things before it goes that far).
    If it comes to that then we can give you advice on making an appeal.

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