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When does the 3 month waiting period begin in my case?
- Bex12345
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1 year 8 months ago #279885 by Bex12345
When does the 3 month waiting period begin in my case? was created by Bex12345
I have just been awarded LCWRA and wondered when or if I will be given backpay, or when the three month waiting period begins for me? I was in the Support group for ESA until last August (three weeks before my UC claim began) when I had to go back to work after splitting from my husband. I applied for UC later in August 2023 and received payments shortly after and told them of my disability. I wasn't told that I needed a Fit note to prove this, so no form was issued. Eventually, once I had a Fit Note, (issued in Jan but backdated to August) I was given an application form in February, many phone calls later. I had my WCA and received a letter yesterday in my Journal saying I’ve been awarded LCWRA.
I’ve looked at the regulations and it says in Reg 28 that should regulation (41) (2) apply, (weekly earnings that are equal to or exceed the relevant threshold, but also entitled to… personal independence payment) the 3 month period begins ‘on the date which the award of universal credit commences, or if later, the date on which the claimant applies for the LCW or LCWRA element to be included in the award.’
Does this mean for an August UC application that I’ll be backdated to November? Or does the submission of a Fit note still stand from January? I’m quite probably misinterpreting this altogether so would appreciate any help! It's been a fraught process so far!
Many thanks.
I’ve looked at the regulations and it says in Reg 28 that should regulation (41) (2) apply, (weekly earnings that are equal to or exceed the relevant threshold, but also entitled to… personal independence payment) the 3 month period begins ‘on the date which the award of universal credit commences, or if later, the date on which the claimant applies for the LCW or LCWRA element to be included in the award.’
Does this mean for an August UC application that I’ll be backdated to November? Or does the submission of a Fit note still stand from January? I’m quite probably misinterpreting this altogether so would appreciate any help! It's been a fraught process so far!
Many thanks.
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- Gary
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1 year 8 months ago #279908 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic When does the 3 month waiting period begin in my case?
Hi Bex12345
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
From the information you have posted it is quite difficult to give you an accurate answer and I would advise you to seek help from your local Welfare Rights Organisation who can take all your information into consideration; advicelocal.uk
If your ESA claimed stopped before you applied for UC then you will have to go through the assessment phase, the assessment phase starts when you handed in a fit note.
If you applied for UC before your ESA stopped then you should go straight on to LCWRA, if there is a one day break in your claimthen you have to go through the assessment phase, which starts when you hand in a fit note.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
From the information you have posted it is quite difficult to give you an accurate answer and I would advise you to seek help from your local Welfare Rights Organisation who can take all your information into consideration; advicelocal.uk
If your ESA claimed stopped before you applied for UC then you will have to go through the assessment phase, the assessment phase starts when you handed in a fit note.
If you applied for UC before your ESA stopped then you should go straight on to LCWRA, if there is a one day break in your claimthen you have to go through the assessment phase, which starts when you hand in a fit note.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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