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LCWRA

jblakelockjblakelock Posts: 8Member Listener
my son started his claim 4 the June, hes been awarded LCWRA. his starts 3 month stared from the date of the claim, and not from the first sick note or evidence presented, you have to ask for this, due to the DWP dragging there feet and coming out to collect evidence and sign me appointee. Its not are fault they took ages to get the evidence. Hence they have took the 3 month from the claim date.
Its so wrong though that they dont pay you what your entitled to by law for the first 3 month. As PIP back date there claims. apparently this only happens with new claims. why only new claims, yes the vulnerable are exploited again.

Replies

  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    Hi,

    This is because in most cases there's a 3 month waiting period, ESA was exactly the same as this. The 3 month waiting period starts from when the first sick note was sent. This means if awarded LCWRA then it will be received in the 4th month of his claim.
  • jblakelockjblakelock Posts: 8Member Listener
    Yeh you keep saying i here u but his has been dated back from when he made claim and not when his first sick note was handed in or any evidence. I had to request this  
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    It's only paid from the start of the claim under certain circumstances. Transferring from ESA and already having LCWRA is one of them. https://www.entitledto.co.uk/help/Long-term-health-condition-or-disability-Universal-Credit

  • jblakelockjblakelock Posts: 8Member Listener
    Well his was and that wasn’t the reason
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    Another reason when there's no waiting period is if the DS1500 form is used because they have a terminal diagnosis of less than 6 months.

    I don't want others reading this and thinking they will receive LCWRA from the start of their award because in most circumstances there's a 3 month waiting period.
  • jblakelockjblakelock Posts: 8Member Listener
    Well it’s not giving people false hope I am only sharing my story. I stated I would like the 3 months to start from the day of the claim as why should we be penalised because it took the dwp longer to come to do a hope visit and collect evidence and sick note. They granted it, why should people not be told about this maybe they might be able to do the same there’s no harm in trying. It’s not false hope it’s a case of if u don’t ask u don’t get
  • jblakelockjblakelock Posts: 8Member Listener
    I will of waited 3 month but the 3 month stared from the date of claim and not when sick note and evidence was presented to the dwp
  • david235david235 Posts: 170Member Pioneering
    Well his was and that wasn’t the reason
    The law in this area leaves no discretion whatsoever to Decision Makers. As usual, @poppy123456 is accurately summarising the often complex law in ways that hide much of the complexity that matters to relatively few people.

    If you want the 'gory details', see Regulation 28 of The Universal Credit Regulations 2013 (SI 2013/376) (as amended) - but that is not very readable even to those used to reading legal English. There are also various transitional rules covering people moving onto UC from other benefits that appear elsewhere in secondary legislation.


    The easiest way to simplify this, which is accurate in the majority of cases, is as @poppy123456 says - there is a waiting time of three months for the award of the LCWRA element unless the claimant is in the ESA Support Group (or was the day before UC was awarded) or the claimant is terminally ill. In some circumstances this three month waiting time can be partly served in a previous UC claim.
  • jblakelockjblakelock Posts: 8Member Listener
    I am only going if what I was told over the phone by an adviser at the dwp
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    DWP advisers are very often wrong and are well known for given very poor and inaccurate advice.
  • jblakelockjblakelock Posts: 8Member Listener
    Well only time will tell
  • Adrian_ScopeAdrian_Scope Posts: 2,936Administrator Scope community team
    Hi @jblakelock.
    Can I ask, when your son submitted his claim did he report having a fit note and a health condition or disability at the time of claiming? If so, it’s correct that his LCWRA 3 month wait period would begin from the start of his claim. It’s from the date the fit note is reported, not necessarily the date it is provided as evidence to the job centre or DWP. 
    Senior Online Community Officer
    Scope
  • david235david235 Posts: 170Member Pioneering
    People you speak to on the phone at DWP do not necessarily quote and apply the law accurately. You cannot rely on what you are told on the phone (as some have found to their cost) - entitlement depends on the law. I have come across cases where claimants were told over the phone by DWP that it was acceptable to return documents late but were subsequently subjected to an adverse ruling by a Decision Maker who rigidly applied the deadline.


    In most cases, LCWRA is paid from the assessment period after the day when three months have passed since medical evidence of LCW was first provided. This evidence can be a self-certificate in the prescribed form for the first seven days of LCW. N.B. the date that is relevant here is the date the medical evidence is provided to DWP, not the start date of the medical evidence.

    I suspect your son falls into this paragraph, @jblakelock, but do not have enough evidence to be certain. Only you know the timeline of when the first "fit note" was sent to DWP and whether a self-certificate was submitted.


    A different rule applies in "relevant threshold" cases, which are where the claimant earns more than the national minimum wage for 16 hours per week and either has AA/DLA/PIP/AFIP or a review is being undertaken of a previous LCW or LCWRA determination made for ESA or UC. In such a case, LCWRA is payable from the assessment period after the day when three months have passed from the later of the start of the claim for UC and the date the LCWRA element was applied for.


    The general principle in all benefits is that you cannot be awarded what you have yet to claim - and this applies equally to starting the qualifying period for a benefit or a component/element of benefit. There are some exceptions to this general rule where limited backdating is possible.

    Anyone starting a UC claim with the intention of establishing LCW or LCWRA is advised to submit a 'fit note' as soon as possible in their claim.


  • christiantayleure4christiantayleure4 Posts: 3Member Listener
    I handed in my sick note in July and got the letter in August about lcwra so does that mean I'll start getting paid the extra in November
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    I handed in my sick note in July and got the letter in August about lcwra so does that mean I'll start getting paid the extra in November
    Have you had a work capability assessment? this will be needed before a decision's made on your claim. Sometimes the waiting list for these assessments are quite long and go over the 3 month wait. If this happens and you're eventually awarded LCWRA then it will be backdated.

    If you have the assessment before the 3 months and are awarded LCWRA then payments start from month 4 after the sick note was sent.
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    Hi @jblakelock.
    Can I ask, when your son submitted his claim did he report having a fit note and a health condition or disability at the time of claiming? If so, it’s correct that his LCWRA 3 month wait period would begin from the start of his claim. It’s from the date the fit note is reported, not necessarily the date it is provided as evidence to the job centre or DWP. 
    Hi Adrian, i'm not sure this is correct. It starts from the day when you provide medical evidence and not from when a health condition is reported. Unlike ESA where the extra was paid from week 14 from when your claim started.
  • christiantayleure4christiantayleure4 Posts: 3Member Listener
    Ok I've already had my assessment so does that mean 4 months after sick note 
  • Adrian_ScopeAdrian_Scope Posts: 2,936Administrator Scope community team
    Hi Adrian, i'm not sure this is correct. It starts from the day when you provide medical evidence and not from when a health condition is reported. Unlike ESA where the extra was paid from week 14 from when your claim started.
    Hi @poppy123456, that’s interesting. From experience it is from the date you change health condition on your online account, report as unfit and give details of your fit note. As many job centres require you to book an appointment to bring your fit note in and it can sometimes take a week or more to get one. From the cases I’ve seen it’s been backdated to three full assessment periods after a fit note was reported, not when it was physically taken to be verified - although you have a limited window to provide it so this is often around the same time anyway. 
    I’ve only had a quick look but been unable to find clear guidelines one way or the other so will definitely do some research. 
    Senior Online Community Officer
    Scope
  • Adrian_ScopeAdrian_Scope Posts: 2,936Administrator Scope community team
    Ok I've already had my assessment so does that mean 4 months after sick note 
    Hi @christiantayleure4, yes you should receive the extra money for LCWRA 3 full assessment periods after you’re first fit note, which is usually 4 months. 
    Senior Online Community Officer
    Scope
  • poppy123456poppy123456 Posts: 12,678Community champion Disability Gamechanger
    @Adrian_Scope thanks, i'll be very interested to know what you find out.
  • christiantayleure4christiantayleure4 Posts: 3Member Listener
    Thanks for the help guys I'll let you know when I start getting the money
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