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Uc appeal backdating
- harvey119
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4 years 3 weeks ago #257952 by harvey119
Uc appeal backdating was created by harvey119
Hi, the person i care for was on esa limited capability for work group from 2012 until june last year, when he moved house, so was placed into the UC LCW work group.
We felt that he qualified for LCWRA group, instead of the LCW group for years, so after he got moved to UC by the dwp we appealed that decision (after an MR) and the tribunal has allowed the appeal and placed him into the LCWRA group.
So i wonder if that means he will now recieve the extra backdated amount from when he was first awarded the UC in july last year, or if it will be awarded after 4 months into the claim like a new uc claim would be.
Again this was him being forced onto uc by the dwp when he moved after being on esa for a lot of years, so he already was found not fit for work and so didnt have to send any sick notes or anything in for UC and also recieved the LCW rate from the start of the UC claim.
Many thanks!
We felt that he qualified for LCWRA group, instead of the LCW group for years, so after he got moved to UC by the dwp we appealed that decision (after an MR) and the tribunal has allowed the appeal and placed him into the LCWRA group.
So i wonder if that means he will now recieve the extra backdated amount from when he was first awarded the UC in july last year, or if it will be awarded after 4 months into the claim like a new uc claim would be.
Again this was him being forced onto uc by the dwp when he moved after being on esa for a lot of years, so he already was found not fit for work and so didnt have to send any sick notes or anything in for UC and also recieved the LCW rate from the start of the UC claim.
Many thanks!
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4 years 3 weeks ago #257978 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Uc appeal backdating
Hi paul
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
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You say that you have appealed the decision and the tribunal placed the person you care for in the LCWRA Group, if you have a look at the decision letter it usually states from when the decision starts from.
Under UC there is no LCW rate, this was abolished from April 2017 for new claimants unless you were protected in which case this is still payable. Now there is only a LCWRA rate, under legacy ESA this was called the Support Group.
I would assume that it is backdated to when you first applied for UC as you were receiving the LCW element. The LCW element would be offset by the New LCWRA element.
Let us know the outcome.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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You say that you have appealed the decision and the tribunal placed the person you care for in the LCWRA Group, if you have a look at the decision letter it usually states from when the decision starts from.
Under UC there is no LCW rate, this was abolished from April 2017 for new claimants unless you were protected in which case this is still payable. Now there is only a LCWRA rate, under legacy ESA this was called the Support Group.
I would assume that it is backdated to when you first applied for UC as you were receiving the LCW element. The LCW element would be offset by the New LCWRA element.
Let us know the outcome.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 3 weeks ago #258057 by harvey119
Replied by harvey119 on topic Uc appeal backdating
Many thanks, thats what we hoped, that it would be backdated to the start of the claim, just wasnt sure, as he was getting the LCW rate already from the start of the claim.
Yes he was already recieving the extra money for the LCW group from the start of the UC claim, as he has been on ESA since approx 2012 so was protected luckily.
Many thanks for your help, will update when we actually find out the results, havent had a decision letter through yet
Yes he was already recieving the extra money for the LCW group from the start of the UC claim, as he has been on ESA since approx 2012 so was protected luckily.
Many thanks for your help, will update when we actually find out the results, havent had a decision letter through yet
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- harvey119
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4 years 1 week ago #258384 by harvey119
Replied by harvey119 on topic Uc appeal backdating
They have now done the backdating, but the DWP did their usual incompetent stuff. They totally removed his LCW payments from his first 3 months of payment statements on UC, so now those 1st months only show the basic uc rate, even though for that time he was getting the extra £130 or so LCW rate.
Then they have awarded the LCWRA rate for the months after that, but because they took the LCW rate away from the 1st 3 months, they said they only owe him £600 not 900, because they did the maths without including the LCW £300 extra he had at start of the claim, so looks like he is owed less than he is because he already had that £300 then...
So i have asked for a reconsideration, i assume that is correct and it should definately be the LCWRA rate since the start of the claim? Could you advise me at all?
Of course they at least shouldnt of removed the LCW from 1st 3 months and paid £300 less than what they owe for the other months after the 3 months but im sure it should be LCWRA too from the first 3 months too? So it now means that if that is the case and he should get LCWRA rate from start, then hes owed over £900 still. Many thanks
Then they have awarded the LCWRA rate for the months after that, but because they took the LCW rate away from the 1st 3 months, they said they only owe him £600 not 900, because they did the maths without including the LCW £300 extra he had at start of the claim, so looks like he is owed less than he is because he already had that £300 then...
So i have asked for a reconsideration, i assume that is correct and it should definately be the LCWRA rate since the start of the claim? Could you advise me at all?
Of course they at least shouldnt of removed the LCW from 1st 3 months and paid £300 less than what they owe for the other months after the 3 months but im sure it should be LCWRA too from the first 3 months too? So it now means that if that is the case and he should get LCWRA rate from start, then hes owed over £900 still. Many thanks
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- Gary
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4 years 1 week ago #258393 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Uc appeal backdating
Hi harvey119
There should be a date on the Tribunal decision letter when the LCWRA should start from, this is the date that the DWP should use, unless they have appealed the decision.
You should ask for an 'Any time review' if the DWP made an official error, the key question is what date did the Tribunal put on the decision letter, I would highlight the date on a copy of the Tribunal decision letter and send it to the DWP by recorded delivery or contact your MP and get them to write to the DWP with a copy of the decision letter, asking for an 'Any time review'
Gary
There should be a date on the Tribunal decision letter when the LCWRA should start from, this is the date that the DWP should use, unless they have appealed the decision.
You should ask for an 'Any time review' if the DWP made an official error, the key question is what date did the Tribunal put on the decision letter, I would highlight the date on a copy of the Tribunal decision letter and send it to the DWP by recorded delivery or contact your MP and get them to write to the DWP with a copy of the decision letter, asking for an 'Any time review'
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 week ago #258399 by harvey119
Replied by harvey119 on topic Uc appeal backdating
OK thank you, I still haven't received the tribunal letter yet, but we were appealing him being put into the lcw group at the very start of his uc claim, so expected that would be what happened but could be wrong I guess. Thanks
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