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When is LCWRA paid from?
- Rebecca
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4 years 2 months ago #255593 by Rebecca
When is LCWRA paid from? was created by Rebecca
Hi there
Can someone please confirm precisely the process for when LCWRA will start being added to a claim? I have been awarded but have asked for MR for backdate. Regardless of the MR I'm struggling to find online the exact time it's added? I've seen 91 days + end of the assessment period, I've seen 3 whole assessment periods which if it falls into the next one means it's 4. Without my MR then I would have had a claim from 23rd October 2020 with an assessment period of 8th to 7th.
Thank you
Can someone please confirm precisely the process for when LCWRA will start being added to a claim? I have been awarded but have asked for MR for backdate. Regardless of the MR I'm struggling to find online the exact time it's added? I've seen 91 days + end of the assessment period, I've seen 3 whole assessment periods which if it falls into the next one means it's 4. Without my MR then I would have had a claim from 23rd October 2020 with an assessment period of 8th to 7th.
Thank you
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- Gary
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4 years 2 months ago #255636 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic When is LCWRA paid from?
Hi Rebecca
When a UC claimant reports to the DWP that they have a health condition that limits their capability for work this would normally trigger a ‘Work Capability Assessment’ (usually this involves the claimant completing a questionnaire and attending a medical).
If they are found to have (or can be treated as having) a limited capability for work and work related activities, then the LCWRA Element should be included in the first Monthly Assessment Period after the end of their ‘relevant period’.
The ‘relevant period’ is a 3 month period which starts when the claimant first provides medical evidence to the DWP (including self-certification). The DWP should then take the claimant through the Work Capability Assessment (WCA).
Although the WCA process often takes longer than 3 months, the LCWRA Element should nontheless be included in the claimant’s UC award from the first Monthly Assessment Period after the end of their ‘relevant period’ regardless of how long the process has taken and even if the claimant goes to appeal.
The good news is that because this will often be due to a DWP error, there is no time limit to challenge the mistake and get it fixed.
Gary
When a UC claimant reports to the DWP that they have a health condition that limits their capability for work this would normally trigger a ‘Work Capability Assessment’ (usually this involves the claimant completing a questionnaire and attending a medical).
If they are found to have (or can be treated as having) a limited capability for work and work related activities, then the LCWRA Element should be included in the first Monthly Assessment Period after the end of their ‘relevant period’.
The ‘relevant period’ is a 3 month period which starts when the claimant first provides medical evidence to the DWP (including self-certification). The DWP should then take the claimant through the Work Capability Assessment (WCA).
Although the WCA process often takes longer than 3 months, the LCWRA Element should nontheless be included in the claimant’s UC award from the first Monthly Assessment Period after the end of their ‘relevant period’ regardless of how long the process has taken and even if the claimant goes to appeal.
The good news is that because this will often be due to a DWP error, there is no time limit to challenge the mistake and get it fixed.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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