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Thread: lcwra question

  1. #1
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    lcwra question

    hi, im hoping someone can provide any information.

    i had my assessment late dec and was awarded lcwra 13th jan.

    i first provided sick evidence from 19th july. my first payment was received 24 sep for assessment period 18 aug/17 sep, i have had a payment 24th of each month since for periods 18th/17th.

    due payment tomorrow, no extra and have been told its not due until feb 24th payment. can some one tell me if this is right please?

    i got a letter on my journal saying i was due money from sep 18 to dec/18 as i am now entitled to lcwra for this period and it is due to income disregard? i have been recieving ssp

    its so confusing, sept 18th ? feb 24th?

    i have left numerous questions on my journal, all unanswered, i managed to call today and was told not due anything till feb

  2. #2
    Senior Member nukecad's Avatar
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    Ther are a few things there that are confusing (and I'm used to unravelling this stuff).

    They seem to have made an error in your favour, by at least a month. So a few questions:

    Was this a brand new claim or were you already on UC before providing them with fit notes?
    If it was a brand new claim did you ask for it to be backdated? They can backdate UC for a month if there is good reason, maybe because you were getting SSP.
    (Are you sure it was July when you claimed/provided a fit note, and not June?).

    I'm also wondering why you didn't get any payment until September, did they give any explanation for that?
    Maybe something to do with SSP again? Was that company SSP and higher than UC would have been?

    Here's an explanation of how it's supposed to work.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    With a new UC Limited Capability claim if you are awarded LCWRA it will be payable from the start of the UC monthly assessment period that starts 3 months following the end of the monthly UC assessment period when you first provided evidence of being unfit for work.
    (I know, read the bold lettering below for a simplification).

    Evidence of being unfit for work is usually a GP's Fit Note, but a Self Certification Note (for the first 7 days of sickness) also counts.
    Its the date on the Fit Note/Self Cert. that is the date you first provided evidence.

    In practical terms that means if you are awarded LCWRA then:
    If you provide a Fit Note when making a brand new UC claim then the first LCWRA payment will be included in the 4th monthly UC payment made after you claim.
    If you have already been getting UC and then make a claim for Limited Capability then the first LCWRA payment will be included in the 5th monthly UC payment made after the first date on your fit note(s).

    That is - The remainder of any monthly UC Assessment Period when you first handed in the Fit Note, plus 3 full monthly AP's, you then have LCWRA which is paid in the next monthly payment.

    So the waiting period could be anywhere between 12 and 16 weeks, depending on where you were in your mothly AP when you first gave a Fit Note.
    And then another month to see the actual payment because UC is paid in arrears.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    Back to your particular case. EDITED after re-reading your post.

    i got a letter on my journal saying i was due money from sep 18 to dec/18 as i am now entitled to lcwra for this period
    Your AP seems to be running from the 18th of the month to the 17th of the following month, so that would say you claimed on the 18th.
    From what you say above you provided the first fit note dated July 19th, which would be 1 day after the start of an AP.

    Assuming that this was a new claim then it seems from their letter that they have ignored that one day and said it was provided when you made the claim.
    In that case then LCWRA should have been payable from the start of the 4th month after you made a new claim; that's July/Aug, Aug/Sept, Sept/Oct before LCWRA was payable.
    So LCWRA should have been payable from the start of your Oct/Nov AP (18 Oct-17 Nov) with the first payment of LCWRA due on 24th Nov.

    The AP ending on the 17th and payment being on the 24th is normal.
    UC payments are made 7 days following the end of your AP, so 17+7=24

    It may be that the ongoing LCWRA payments are not going to start until February simply because they didn't have time to add them to Januarys payment?
    (Maybe because someone had queried that seeming error of when it should be paid from?)
    Backpayment for Sept 18 (Oct 18?) to Jan 17th would be paid seperately and not as an ongoing LCWRA payment.
    That could either be with Januarys payment today, or with Februarys payment.

    The person on the phone would only have looked for the ongoing LCWRA payment and may not have looked for/noticed any backpayment(s) - if there are any backpayments showing yet.

    You could check todays payment to see if there is any backpayment in there, a breakdown of what has been paid this month should be up on your journal. (and if it's there it should be in your bank by now).
    I believe the first payments page on the journal still only shows an overall, but you can click a button/link for a more detailed breakdown.

    PS. I'd also take a screenshot/print of that letter as proof, if it's still on your journal.
    (As well as things on journals being ignored things have been known to go missing when it suits the DWP).
    Last edited by nukecad; 24-01-20 at 03:02.
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  3. #3
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    sick note dated 19 july, new claim and was getting basic ssp from work.

    i was given an advanced payment till my first payment on 24th sep.

    journal says first assessment period runs from 18 aug?

  4. #4
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    i am trying to reply but its not showing

  5. #5
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    i was told that i am not due any lcwra element until end of feb, no backpay is due and that is when payments will start

  6. #6
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    this was posted on my journal today

    Your medical certificate commenced from 19.07.19. All claimants
    have to serve a 91 day period from the date of their Universal
    Credit claim or the first date the medical evidence commences
    before LWCRA or LCW is awarded. Therefore the 91st day fom
    19.07.19 is 16.10.19.
    This decision has been made using the following: Section 12 of
    the Welfare Reform Act 2012 Regulations 26(1)(a) and 35(9)
    The Universal Credit, Personal Independence Payment,
    Jobseeker's Allowance and Employment and Support Allowance
    (Decisions and Appeals) Regulations 2013/381 Regulations 39
    and 40 and Schedules 6,7,8 & 9 to Universal Credit Regulations
    2013/376 Section 10(5) of the Social Security Act 1998Free text,
    why we made this decision]

    so is this right that i get my first payment end of feb?

    sorry for the many posts

  7. #7
    Senior Member nukecad's Avatar
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    So that confirms your fit note was provided on 19th July.

    The 91 days is nonsense, that is not what the law says at all.
    The law on when LCWRA is paid from is end of the AP where you first provide evidence plus 3 further AP's as I stated above.
    So it's 'at least' 91 days in most cases. (But could even be less if it includes february).

    However the journal entry also confirms there that LCWRA is/was payable from 16/10/19, the start of your October AP, which is what I also said above and is correct.

    So your first LCWRA payment was due with Novembers payment (on 24th November) and you should now get backpaid LCWRA for Nov, Dec, and Jan.

    Have you checked the detailed payment breakdown on your journal for a backpayment? And checked just how much has gone into your bank account today?

    If you haven't had the backpayment today then point out them that that journal entry clearly says that LCWRA was payable from 16.10.19 and ask where your backpayment for Nov, Dec, and Jan is.

    As for the phone jockey telling you LCWRA had only been included as from February, again I belive that is simply what I said above.
    They have just said when the ongoing LCWRA will be included in your payments, they have not said anything about the backpayment now due for Nov, Dec, and Jan.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  8. #8
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    thanks for your reply.

    i have checked all payments, nothing has changed no element shows for any dates and i havent had any extra money

    i will make a journal entry asking why i havent been paid any element since 16/10/19.
    hopefully they will answer

  9. #9
    Senior Member nukecad's Avatar
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    It will be interesting to see their answer.

    (I'm begining to suspect that some numpty may have applied the 3 month 'waiting period' twice? Possibly because of that 91 days thing being wrong so the 16th is not your AP start date? - But that's only speculation don't say anything about that on your journal)
    Last edited by nukecad; 24-01-20 at 17:53.
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  10. #10
    Senior Member nukecad's Avatar
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    Sue,

    I had another thought.
    If you still owe them for the advance (or anything else) then they usually take any backpayment to pay off those debts.
    So they may be waiting for Debt Management to say if there is any left to give you after settling any debts.
    See what they say when you ask where your backpay is.
    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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