A newcomer query

Hello all,

I am hoping to seek some advice on a recent WCA for universal credit.

I have received notification that I have been placed in the LCWRA after only two weeks.

I have tried speaking with UC on the telephone and the information they gave me was quite frustrating.

I provided medical notes/evidence on August 21st, so the three month assessment period would be November 21st. They tell me that because my monthly assessment period runs from 13th to 12th, that it will be December monthly assessment that's taken into consideration and will receive the LCWRA element of £326 in January's payment on the 19th. They say that it's not backdated to November 21st onwards.

Is this indeed the case for universal credit?

Please note, I was found ineligible for PIP, as I was out of the country, looking after my sister in Australia with bone cancer.

They are correct, there is a 3 month 'waiting period' for LCWRA in UC, (similar to the 13 weeks period in ESA), but it's actually a bit more complicated with UC.

The law with UC is that LCWRA will be paid from the end of the 3th monthly period following the end of the period in which you first provided medical evidence.

In practical terms that means your first LCWRA payment will be in your 5th payment following when you first submitted fit notes.

(It's slightly different if you start giving sick notes when you first make the claim for UC because that counts as the 'end of period' so then your first LCWRA will be in your 4th payment).

So in your particular case that would be the September payment after you first submitted fit notes, then the 3 waiting months payments Oct, Nov, Dec, and then your first LCWRA element should be included in Januarys payment, which is what they have told you.

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Originally Posted by nukecad

They are correct, there is a 3 month 'waiting period' for LCWRA in UC, (similar to the 13 weeks period in ESA), but it's actually a bit more complicated with UC.

The law with UC is that LCWRA will be paid from the end of the 3th monthly period following the end of the period in which you first provided medical evidence.

In practical terms that means your first LCWRA payment will be in your 5th payment following when you first submitted fit notes.

(It's slightly different if you start giving sick notes when you first make the claim for UC because that counts as the 'end of period' so then your first LCWRA will be in your 4th payment).

So in your particular case that would be the September payment after you first submitted fit notes, then the 3 waiting months payments Oct, Nov, Dec, and then your first LCWRA element should be included in Januarys payment, which is what they have told you.

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Thank you for your response.

Do they backdate, in my case til 21st September?

No, your 3 months waiting period will end on December 12th and so your first period to include LCWRA will be Dec 13 to Jan 12, which should be paid on Jan 19.

Nobody likes the waiting period, nobody liked the 13 weeks waiting period with ESA - but that is what is written in the legislation (the law) and so it is what it is.

Quote:

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Originally Posted by nukecad

No, your 3 months waiting period will end on December 12th and so your first period to include LCWRA will be Dec 13 to Jan 12, which should be paid on Jan 19.

Nobody likes the waiting period, nobody liked the 13 weeks waiting period with ESA - but that is what is written in the legislation (the law) and so it is what it is.

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Thanks again for clarifying that. You've explained it better than those who are paid to explore these things.

I think I find it so astonishingly unfair, I struggled to fathom it all.

Cheers

Quote:

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Originally Posted by Roughtimes

I think I find it so astonishingly unfair, I struggled to fathom it all.

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Well when I said that nobody likes the waiting periods I wasn't including the government.

They like it because it saves them money in payng benefits, round about a thousand pounds for everyone found to have LCWRA in UC.