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Lcwra Back Date Payment

I called the Universal Credit today and asked them about my back payment.
I recently got accepted on January 22. 2025
I gave my first five note in August 2022.

The relevant period would to December 2022. This is when my first back payment should start.

However she claimed that DWP doesn't pay more than 3 months back payment.

I knew she didn't understand the question. 

Here is why: The three-month limit only applies if you delay reporting your health condition, but since you provided a fit note in August 2022, you should be backpaid from December 2022 (after your relevant period ended).
But since I reported it in August 2022 and submitted fit notes continuously, the LCWRA Element should be backdated to December 2022 once I was found eligible. (January 2022).

The law states that even if DWP takes years to assess you, LCWRA should still be included from the first assessment period after the relevant period ends.


Refer to DWP Guidance (ADM Chapter F5 - Work Capability for Universal Credit)

This guidance confirms that backdating goes to the first assessment period after the relevant period, not just 3 months.

Hope this helps anyone. Will try to update once I get the back payment which ever is the case.




Comments

  • poppy12345
    poppy12345 Posts: 18,878 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
     Why did it take so long for them to make a decision from providing your first fit note? Was this your first WCA? 
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,202 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    When you phoned up, were you transferred to anyone that wasn't frontline staff?  If not, I wouldn't worry about the call centre not knowing.  They won't have anything to do the calculation.

    What's important is the person dealing with your claim behind the scenes calculating it correctly, plus any further underpayment if you've had earnings on your claim without the work allowance before your WCA decision.  There are no timescales for this (although you wouldn't expect it to take *very* long) - but as it's such a long time to recalculate and will be such a lot of money, you'd hope they do take the time to double and triple check their calculations!
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