LCWRA confusion due to working

Lady_Suga

Hello everyone,

I'm a newbie here so please be gentle with me

I need confirmation on when i should be paid LCWRA from please.

I will give background and dates and hopefully someone will be able to help me as I don't feel I've been given the right information on my journal.

Went on sick leave end of July, self certed for a few days before being signed off as was discovered to be in a flare of my medical condition. (auto immune, steroids, immune suppression, yay me!) I was paid 4 full weeks for August from my employer so it was September's pay that triggered JC intervention as SSP dropped me below AET and I flagged to them. I provided sick notes to them and had calls when required with my work coach who processed the LCA in October.

For financial reasons I returned to work end of october and have been working since then albeit struggling immensely and have asked for a reduction in hours.

I was awarded LCWRA on the 2nd of January, my UC assessment period is 2nd to 1st.

I was advised by the UC advisor that since I didnt provide fit notes for the entire time (which I wouldn't have as I went back to work) they have only awarded me from the date it was confirmed, 2nd Jan 2024, and since my assessment period is 2nd to 1st, Jan doesn't count so its feb, march and april 3 months waiting to then receive May's entitlement in June.

The questions I have are:

- Isnt it supposed to apply from the date your fit note started if continuous, or the date that the LCA was actioned as opposed to award date irrespective of if I went back to work?

- The award was given the 2nd Jan due to the bank holiday, I have asked for a MR for them to include January in the 3 months however the UC advisor said prior it has to be 3 full assessment periods. So if in fact it is the date of the award  I would lose an entire months financial assistance because of the New year Bank holiday pushing it one day into my assessment period, is that correct?

There's a lot of vague info online that doesnt really specify examples for people in work.

Thank you in advance for your assistance.

poppy12345

Lady_Suga said:

- Isnt it supposed to apply from the date your fit note started if continuous, or the date that the LCA was actioned as opposed to award date irrespective of if I went back to work?

It's from when you first reported your health condition, supported by a fit note within 7 days of that. Providing you continued to send fit notes without gaps until a decision was made on your WCA. You then have to wait for the relevant period which is 3 full assessment periods. 

With gaps they would go from when the fit notes were continuous, as you didn't send fit notes at all after returning to work then the date of the decision sounds correct to me. 

Newcad

I also believe that the DWP have it correct - As you were no longer providing fit notes on the 2nd Jan decision date then that is the date that counts.
The fit notes have to be continuously provided for the date you first provided one to count.

It is unfortunate that the 2nd also happens to be the first day of your AP and so January is not included in the Relevant Period, (3 months waiting), and insted it started on 2nd Feb when your next AP started - but that is what it is.

1st Jan being a bank holiday is irrelevent, what if the decision had been made on the 3rd, the 4th, the 10th, the 20th?
You would still be in the same situation of January not being included in the Relevant Period.