Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

Universal Credit LCWRA Backpayment

48 replies

Court01x · 01/04/2022 01:00

Hi all. I am new just looking for some advice on backdating of LCWRA. Bit of a long one so I do apologise in advance..

Background:

I had a severe motorbike accident in November 2019 leaving me with a fixed metal jaw, a bleed on the brain, cracked skull and various mental health factors. I have also been diagnosed with a learning difficulties and an impairment. I first notified UC of this change and uploaded my first sick note dated 13th November 2019 - 6th January 2020.
Due to COVID all things were slow and I was then asked to provide a further fit note dated 1st April 2020 - 1st July 2020.
No more fit notes were added to my journal during this time from July 2020 until a WCA assessment was arranged for me in June 2021.
The outcome of this assessment was that I was found capable of working. I then asked them for a Mandatory Reconsideration of this which again they denied. I then took this to the Tribunal and on 9th March 2022, it was decided by the Judge that the decision of the DWP be overturned and that I be awarded with LCWRA.
However, since 9th March 2022, I have had no communications with UC despite leaving several messages in my journal.
They should have received a copy of the outcome by now from HMCTS.
I am also racking my brains as to work out how much I will be receiving a back payment of due to not actually been able to work since November 2019 and being constantly fobbed off by UC.
I know/understand you have to wait an initial period of 3 months from the date you first upload a sick note this should of then triggered a WCA in February 2020 but yet again did not and the WCA was not carried out until June 2021 and not receiving a decision from the HMCTS until March 2022.
Could anyone please give me some help and advice on this and how much I should be roughly expecting from them as a back payment or whether it will be the normal “3 months”.
My assessment period is from 13th - 12th every month.
Thank you all much appreciated 🙏🏻

OP posts:
IstayedForTheFeminism · 01/04/2022 01:13

Following because I initially applied for it at a similar time (I sent the work assessment form back in March 2020.)
I'm now waiting for the outcome of the mandatory reconsideration which I requested in August 2021.
Apparently I've already had an appeal... I haven't.

Original poster
Court01x · 01/04/2022 01:26

This is awful! Keep at it honestly they kept refusing me and was adamant that I was able to go back to work even though I am not and when I took it to HMCTS, they overturned there decision!

OP posts:
IstayedForTheFeminism · 01/04/2022 01:30

The system is a joke isn't it! My next port of call (if I don't hear from them this week) is my local MP.

Babyroobs · 01/04/2022 10:46

LCWRA should be backdated to the fourth Uc assessment period after you started handing in sick notes. However it's unclear from your post whether you continually handed in sick notes ? Did you hand them in between 6th jan and 1st April ? If not then that gap could affect things.

Original poster
Court01x · 01/04/2022 10:48

No I only handed in fit notes from November 19 - January 20, then April 20 - July 20. And then nothing from July until the WCA was triggered in June 2021.

OP posts:
Babyroobs · 01/04/2022 10:49

Also the LCWRA element is £343.43 extra per month so you should be owed quite a lot of back pay. Also if you have any earnings from a partner/ SSP etc on the claim you will be backdated a work allowance if you didn't already have a work allowance. If you have kids on the claim you will already get this. They can reclaim any debts you may owe DWP before they pay you the money.

Babyroobs · 01/04/2022 10:52

@Court01x

No I only handed in fit notes from November 19 - January 20, then April 20 - July 20. And then nothing from July until the WCA was triggered in June 2021.
Ok I don't know if this is going to be a problem then as sick notes should be continuous. They may have been lenient/ not followed this up during covid. In normal circumstances sick notes should be handed in continuously to qualify and they would normally prompt you via your journal that another was due.
IstayedForTheFeminism · 01/04/2022 11:46

I was told I didn't need to keep getting sick/fit notes.

Babyroobs · 01/04/2022 11:50

@IstayedForTheFeminism

I was told I didn't need to keep getting sick/fit notes.
Ok normally you only stop handing in sick notes once you have had the decision on the assessment but things may have been different during covid.
IstayedForTheFeminism · 01/04/2022 11:52

Hopefully that was the case. :(

BMWqueen · 01/04/2022 22:51

I’m on LCWRA and they just started paying me the £343 per month there was never no back pay for the 4 months wait or any period before hand

Babyroobs · 01/04/2022 23:19

@BMWqueen

I’m on LCWRA and they just started paying me the £343 per month there was never no back pay for the 4 months wait or any period before hand
Were you previously on ESA or still receiving ESA alongside UC?
BMWqueen · 02/04/2022 09:32

No never received ESA don’t even know what that is. Started claiming LCWRA when I put a claim in for UC just had the first 3 month with just UC then 4TH month UC & LCWRA

sashh · 02/04/2022 09:49

Go to the CAB.

I was messed around by UC, basically they closed my claim before they had taken the 'limited capability' section.

I have recently had my claim backdated over a year.

It took CAB one phone call to sort it out for me.

You should also apply for ESA (Employment and support allowance) there are 2 types, one of which is determined by your NI record.

BMWqueen · 02/04/2022 10:51

If I claim UC and LCWRA now currently can I still claim something else (ESA) ? Thanks

Babyroobs · 02/04/2022 12:53

@BMWqueen

No never received ESA don’t even know what that is. Started claiming LCWRA when I put a claim in for UC just had the first 3 month with just UC then 4TH month UC & LCWRA
Yes that's correct then.
Babyroobs · 02/04/2022 12:55

@BMWqueen

If I claim UC and LCWRA now currently can I still claim something else (ESA) ? Thanks
Only if you have paid NI contributions over the last 2 years. However as you have been on Uc for a couple of years that is unlikely and also New style ESA ( contributions based) ESA is deducted pound for pound from Uc anyway so you wouldn't be better off financially but it does have some other benefits. You probably should have claimed it alongside UC when you first had your accident.
Babyroobs · 02/04/2022 12:58

@sashh

Go to the CAB.

I was messed around by UC, basically they closed my claim before they had taken the 'limited capability' section.

I have recently had my claim backdated over a year.

It took CAB one phone call to sort it out for me.

You should also apply for ESA (Employment and support allowance) there are 2 types, one of which is determined by your NI record.

Not sure Op can claim New style ESA now though ? I guess it depends whether she paid NI contributions during the relevant tax years of 2020-21 1nd 2019-20. I guess it may be worth a try.
Summerbreeze87 · 16/05/2022 16:19

Hello I was looking for advice about lcwra backdate, I’m on uc and I’ve been putting in sick notes since 16/1/22 and got sent uc50 in Feb, I’ve just had a letter that I’m in the lcwra group so I was wondering will I have any backdate from the month of January until now? Tia.

Babyroobs · 16/05/2022 17:39

Summerbreeze87 · 16/05/2022 16:19

Hello I was looking for advice about lcwra backdate, I’m on uc and I’ve been putting in sick notes since 16/1/22 and got sent uc50 in Feb, I’ve just had a letter that I’m in the lcwra group so I was wondering will I have any backdate from the month of January until now? Tia.

LCWRA is paid from the fourth Uc assessment period after you started handing in sick notes. It will depend on the dates of your UC assessment period, so it may be due onyour next payment depending on dates.

Summerbreeze87 · 16/05/2022 22:38

Okay just so it’s cleared up there’s no backdate for the 3 month waiting period and my payment date is on the 29th

Jaynie13 · 20/06/2022 20:27

Hi peeps, our universal credits has been closed by the UC. The reason we hadn't accepted our commitments. We did this when we made our claim back in spring 2021. My partner is unable to work due to disability. They told him he did not need to be looking for work or preparing to work. We have completed all necessary requests. We recently had our LWRCA interview on the 6th if June and on the 9th received a message in the journal that my partner no longer had to provide fit notes which we have done for 13 months. Suddenly on the 18th of June we were told our claim was closed. I have requested today that we be considered for mandatory consideration and I was messaged that I will receive either a call or message for tomorrow 21st June. We are so confused. Has this happened to anyone else or does anyone have any knowledge of how they can make this decision? I would be grateful for any advice or help with this.

Babyroobs · 20/06/2022 20:42

Jaynie13 · 20/06/2022 20:27

Hi peeps, our universal credits has been closed by the UC. The reason we hadn't accepted our commitments. We did this when we made our claim back in spring 2021. My partner is unable to work due to disability. They told him he did not need to be looking for work or preparing to work. We have completed all necessary requests. We recently had our LWRCA interview on the 6th if June and on the 9th received a message in the journal that my partner no longer had to provide fit notes which we have done for 13 months. Suddenly on the 18th of June we were told our claim was closed. I have requested today that we be considered for mandatory consideration and I was messaged that I will receive either a call or message for tomorrow 21st June. We are so confused. Has this happened to anyone else or does anyone have any knowledge of how they can make this decision? I would be grateful for any advice or help with this.

So if your partner has no work commitments as he has been awarded LCWRA, that does not exempt you from having work commitments unless you are down as a carer ?

Jaynie13 · 20/06/2022 21:14

Hi Babyroobs, I do work full time and UC have known about this from the start of the claim. They have been paying us monthly the difference after my outgoings have been calculated each month. He has severe damage to his eyes which is irreversible and will decline further until completely blind. It's just confusing that they are using this excuse when we have been so honest and open with them about our lifestyle and completed everything they have asked of us. We have done everything they asked. How can we have not committed to our commitments. I have double checked all entries on our journal and nothing states any issues. This has really caused a worry ontop of the anxieties and depression my partner and I are experiencing with a life changing illness.

Babyroobs · 20/06/2022 23:11

Jaynie13 · 20/06/2022 21:14

Hi Babyroobs, I do work full time and UC have known about this from the start of the claim. They have been paying us monthly the difference after my outgoings have been calculated each month. He has severe damage to his eyes which is irreversible and will decline further until completely blind. It's just confusing that they are using this excuse when we have been so honest and open with them about our lifestyle and completed everything they have asked of us. We have done everything they asked. How can we have not committed to our commitments. I have double checked all entries on our journal and nothing states any issues. This has really caused a worry ontop of the anxieties and depression my partner and I are experiencing with a life changing illness.

Is there anything outstanding on your 'to do' list on your journal at all ? Sorry to read what your partner is going through.