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Thread: Universal Credit LCWRA Backdated

  1. #1

    Universal Credit LCWRA Backdated

    Hi,

    Little bit confused as to when my claim for lcwra would be backdated to. I've seen it's 13 weeks from the first date you start handing in sick notes but I'm not sure when that was as I had my UC backdated 1 month (the reason being illness). So although my first meeting with my work coach was 13/11/18 (when i physically gave them sick notes) my sick notes are dated from 10/09/18 as i had my first UC payment backdated 1 month.

    So i received 2 payments for UC in November, one payment from the assessment period between 10/09/18 and 09/10/18 and another for the assessment period between 10/10/18 and 09/11/18.

    So as far as I'm aware this means I've had sick notes to cover me since September? Or at least October? Haven't seen anything covering this issue anywhere and not sure how to begin to explain this over the phone to customer service!

  2. #2
    Senior Member nukecad's Avatar
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    With UC the assessment period of LCW/LCWRA is slightly different from the 13 weeks with ESA.

    It doesn't help when explaining it that the DWP use the term 'assessment period' for two different things in UC -
    • There is your monthly 'UC assessment period', that's every month.
    • There is a 'LCW/LCWRA assessment period', similar to the 13 week ESA assessment period.
      This should realy be called the 'Relevant Period', which is what the legislation calls it.


    With UC the LCW/LCWRA relevant period is three months from when you first provide evidence of ill health.
    And then LCWRA element is payble from the begining of the next assessment period after the relevant period ends.

    That's important to note:- It's when you first provide evidence, not when that evidence is dated from.

    The Universal Credit regulations, reg. 28 says:
    http://www.legislation.gov.uk/uksi/2..._301118_en.pdf
    28.—(1) An award of universal credit is not to include the LCWRA element
    until the beginning of the assessment period that follows the assessment period in
    which the relevant period ends.

    (2)The relevant period is the period of three months beginning with–

    (a) if reguation 41(2) applies (claimant with weekly earnings equal to or above the relevant threshold) ...........

    (b) in any other case - the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.
    It then goes on about special cases - ie. previous claims and those who move from LCW to LCWRA after a reassessment.

    So if you first start supplying fit notes in the middle (or even near the start) of your monthly assessment period you have to wait 3 months from that date and then to the start of the next assessment period after those 3 months.

    This means that with UC the LCW/LCWRA waiting period before LCWRA element is included in your payments can be anywhere between 12 and 16 weeks.
    It depends just where you are in your monthly UC assessment period when you first supply evidence of ill health.
    In your case that was right at the start of your monthly assessment period, so just the 3 months wait (12 weeks).

    Back to your particular dates:
    From what you have said your monthly assessment periods started on 13/11/18 and you first provided fit notes on that date; so then that gives 3 months to 13 Feb 2019 which is when your LCWRA element should be backdated to.

    Remember that you will not get paid the LCWRA element until you have had a Work Capability Assessment and have indeed been found to have LCWRA.
    From the post you made yesterday you have not had that decision yet. (Although you said that they are doing it without a face to face, which looks promissing).

    There is further guidance on the Relevant Period, and a couple of examples, to be found in the Advice For Decision Makers, chapter F5, starting at paragraph 5030:
    https://assets.publishing.service.go...1568/admf5.pdf
    It's basically the same as the legislation quoted above, but with a couple of examples.
    Last edited by nukecad; 03-14-2019 at 02:54 PM. Reason: Not sure if OP has had a WCA decision yet.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Thank you for your detailed reply! Think i was just confused about the assesment period, thanks for taking the time to explain

  4. #4
    Senior Member nukecad's Avatar
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    No problem,

    It is a bit more complicated with UC and it took me a while to get my head around it.

    The big problem is that most UC staff at the DWP don't even try to understand it properly and just try to fob you off.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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