Universal credit and lwcra claim help

[Jellytotts]

Hey,

Hoping someone can help me with this one.

I went off sick from work after coming out of an abusive relationship. I was able to hold myself together for about 3/4 months but the grief from my ex, police being involved and with counselling I had just started attending etc everything was just too much for me and I went off work on the sick with PTSD, I signed up to universal credit to help myself out as I knew I couldn’t live on SSP.

So.. I signed up (I was told I wouldn’t be eligible for ESA due to them getting rid which I didn’t mind, any help was help) I gave them information about myself and my health ie my ptsd, depression and anxiety, I asked if I need per to give sick notes as years ago when I was on ESA, they needed them.
Woman who sorted my claim said I wouldn’t need them as my employer who got my sick notes would notify them of everything they needed. Didn’t really question anything, just though it was great that I didn’t have to mess about and it just ment something I didn’t need to work myself up over.

So....3 months later, my SSP dropped (because it was the first 5 week month payday to payday since being on the sick giving me only £75 for the entire month). I was told I had to start giving sick notes at that point even though I was told work would notify them that I was off sick and notify them about me giving them sick notes etc, I was told it was purely because my earnings had dropped and that was the only reason. I started to give my sick notes and had to attend a health assessment.

I had my assessment, explained my problems and explained issues and attending domestic abuse counselling, being in respite care etc and I have been awarded limited work capability and work related activity but they are claiming I am only eligible since June because that’s when I had to start showing them sick notes due to that dip in earnings.

Surely this can’t be right? They know I’ve been off sick since January/February (I can prove all of this as well) but they only started asking for sick notes because of that one dropped payment amount.
Surely I should be awarded it from the start of my claim? They knew my health problems, knew the issues I was having, I asked if they needed sick notes and they said no, not me.

I have spoken to someone on my journal (internet is my only way to outside world atm living on £300 or less per month sucks) and the reply I got when I asked about this was just generic bull copy and pasted from the gov website.

Is there anything I can do? Or does anyone know anything about this?

Sorry this is long I just don’t really know what I can do at the moment

I don't know the rules and regs thoroughly myself but I didn't want you left with no replies and worrying.

I'm on ESA myself for mental illness which is essentially the same position you're in - needing to claim benefits because you're not currently well enough to work or at least not fully so.

Gonna be a long weekend for you I'm afraid but first thing Monday you call your local council and ask for the welfare rights office. Make an urgent appointment to see a welfare rights officer.

To the appointment take EVERY piece of paperwork remotely relating to your situation and finances.

Over the weekend do a timeline of everything that's happened I'd go back as far as the relationship split - will help you feel like you're doing SOMETHING and get things clear in your head too.

I'm so sorry you're going through this as I know all too well it's the last thing you need when your health is at a low ebb.

What I will say is you WILL get through this, you have been incredibly strong and brave in getting out of the relationship and managing all you have until now. I have no doubt you have the ability and determination to sort this.

I don't speak lightly - you're actually doing better than me. I'm housebound, haven't left my home in 21 months. But I've also been very ill in the past and improved I'm trying to hang on to that but in truth this is the most ill I've ever been and a normal life seems so far away as to feel surreal to me right now, I fantasise about going to the corner shop without having a panic attack.

I think you should have been handing in sick notes from the start. However the extra money for LCWRA is only paid from the fourth Uc monthly assessment period after you started handing in sick notes. So if you started handing in sick notes in April then it would be paid from the 4th assessment period after that. If you can prove you were wrongly advised by UC in January then you could ask them to consider backdating but I'm not sure you'd have much luck. When you first made the Uc application online did you declare yourself unfit to work on the medical section ? To be honest I've never come across UC asking employers for sick notes, I always advise my clients to get a copy of the sick note back from their employer and take it to the job centre first ID appointment to be scanned onto their system or upload it through the journal. UC I think then prompt you when a new sick note is due to needed.

I should also add if you started handing in sick notes mid way through an assessment period I'm not sure at what point from there they start paying the LCWRA element which is worth an extra £336 a month.

Also have you considered that you may be eligible for contributions based ESA ( now called New style ESA ) ? If you have paid enough NI contributions over the past few tax years then you may be eligible. It can be claimed alongside UC but would be deducted from UC. There is no financial gain from claiming it except that I think it gives you a better class of NI contributions whilst you are off sick and if for example you came into money or entered another relationship where your partner was working you could still claim it in your own right. It is also paid fortnightly so may help cash flow.

Right. I'm just gunna give you guys a time line so you kinda get where I'm at.

January:
everything got just far too much and I ended up ill with pneumonia because I had forced myself to be that run down it literally came from no where, one day I was okay, next I couldnt breathe to walk up my own stairs in my house. Went to my gp, went to hospital, got abit better but the panic attacks just carried on and got worse, and I had to get police involved alot due to certain problems, I went to my gp he told me to stay off sick, referred me to councilling and told me to sign up to benefits.

February:
I went online, put my details in including being off ill and unable to work and it said I could only claim UC. Put my application through, go to attend the jobcentre, asked her if she needed my sick note because I had a copy with me at the time and she said no the information they would get from my work would cover it and I didn't need to hand it in.

March:
Received no payment from universal credit because Feb pay (every last Friday of the month) I received company sick pay. Also finally shifted the pneumonia. Started counseling for abuse and suicidal thoughts.

April:
Received the last of my company sick pay and SSP. Also started counseling for anxiey. Turned out UC was only paying my council 50% for rent. Turns out my council hadn't removed my ex from the tenancy (we stopped living together in 2014). The council made it extremely difficult to remove my ex and even sent a bloke round without giving me any notice which resulted in me being sent to a&e and 3 nights in respite care. On SSP which was £350ish in April's pay for this month.

May:
Got help from the council after my mother furiously complained about issues previous month, they gave me a letter to show UC, which I did they then had the evidence. This is when the 5 week payday hit at the end of the month

June:
I had to start giving sick notes due to the low payment, and attended the job centre where I was told it was purely because of the dip in earnings, I explained it wasn't a dip it was due to a 5 week payday but was ignored. They asked for more evidence which the letter fully covered so I argued it. Earnings had gone back to £350ish in June's pay. This is where on my journal as well I question why I didn't have to give them before.

July:
Showed my sick note. My SSP now had dropped to £200ish which ment UC started paying me around £100 now instead of £15/£20. Job centre awarded me full rent but refused to back pay as my ex had been on the tenancy I explained I could show evidence to prove he was at another address but they said it only proved his name was at another address. Got a date for my health assessment

August:
Showed my sick note, attended my health assessment.

September:
Awarded lwcra.

I don't particularly care how much the amount is what I care about is them lying to me about my claim, they have practically conned me so they didn't have to bother doing any of this sooner. Because they may have had to pay me more then they wanted to.
They had all the information, they knew I was unwell and unfit for work as I told them when I entered my details. I just feel like I've been cheated completely.
I get about £300pm now before I got £60-£80 more and I struggled on that because of my bills. And the issues caused means I have to pay my council £110pm so they don't evict me or take me to court because of the arrears UC gave me.
It's just all a complete mess.

Ok - so now you have been awarded LCWRA your Uc payments will go up by £336 a month but this is only paid from the fourth Uc assessment period after you started handing in sick notes which was in June. So i'd say from your September Uc payment you may start getting the LCWRA element added. This £336 is in addition to your standard element which will be £317 if you are over 25 and your rent element. look out for the LCWRA element being added to your statement. I think the fact that they told you that you didn't need to hand in sick notes from the start was a mistake - this starts of the work capability assessment process and after 29 days of handing in sick notes you can be referred for a work capability assessment. To be honest in the grand scale of things you have been assessed for work capability reasonably quickly - some people wait many many months waiting for this. However the fact that you were given wrong information and probably should have been handing in sick notes in fed is something that you should complain about and ask them to reconsider. The rent issue is described as an ' untidy tenancy' and they do have the ability to pay you the full rent element( according to the local authority housing allowance if private renting) even though your ex was still on the tenancy agreement, but I'm not sure how you would go about appealing this - maybe speak to CAB who could advise or maybe shelter ??

Do you know the name of the lady at the job centre that told you they would get the information from your employer ? This is not something I've ever heard of. Uc just get earnings reported from your employer, they could see if you were getting SSP but I don't think your employer would share a sick note with UC. I may be wrong but on the whole I think you were wrongly advised.

Sorry I should have said the earnings are reported from your employer to HMRC and then to UC. Your employer would have no direct dealings with UC.

HMRC don't ask employers for sick notes.

aurora - Yes exactly. I think op was totally wrongly advised.

I asked her like 3 times on my first appointment if I needed to give my sick note because it didn't seem right me not having to give her one. She said they will be able to see that I'm off sick as I will receive sick pay and that no employer would give sick pay without evidence so it really wasn't nessisary I just had to keep giving my sick note to work and focus on getting better which let's be honest has been made much harder because I can't even afford food, gas or electrity. I know it doesn't help that my anxiety makes me worry about it, then I have flash backs which triggers anxiety attacks and if I'm stressed enough has caused me to have seizures.
I'm just totally tired and fed up of it all now.

Does anyone know if you can ring the job centre from the job centre anymore?
Everything except my internet has been cut off (which Tbh I'm lucky in that sense because I have TV an stream everything online anyway) so I can't actually ring them I don't think? I only have my mobile and they aren't free numbers from mobiles are they?
If I can't I need to find somewhere I can ring them to speak to them which means an hour n a half walk to my local job centre providing I can find someone to come with me.

The Universal credit helpline number is free 0800328 5644. use the phone that is registered to your Uc account and you should get through to the team in your area.

Or try leaving a message on your journal under payment & service issues - this should go to your case manager who is in charge of your claim.