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LCWRA UC Element

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3 years 3 weeks ago #257571 by Ping12
LCWRA UC Element was created by Ping12
Hi,
Currently on UC and submitted sicknotes from November last year. Was sent and completed a UC50 form in January. Have been determined to have LCWRA earlier this month. Have been advised that the additional UC element is not paid until 3 complete months have passed since the first assessment period after the date I first was awarded LCWRA..... Does this sound correct?
Cheers!

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3 years 3 weeks ago #257587 by LL26
Replied by LL26 on topic LCWRA UC Element
Hi Stevie,

Yes there is a 3 month waiting period but it doesn't always apply. Have you previously been on UC, or on ESA or Jobseekers' Allowance? If you have, then the chances are that you have already served the waiting period, so it won't apply.

However, my understanding is that the waiting period normally starts to apply when you furnish a fit note (sick note) to DWP. When the waiting period does apply the LCWRA amount can only be included in your award in the monthly assessment period following on from the waiting period. That should mean your 3 months is expired. Please check this with DWP.

I hope this helps.

LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ping12

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3 years 3 weeks ago #257593 by Ping12
Replied by Ping12 on topic LCWRA UC Element
Thank you for the response.. I have been on UC for around a couple of months before sending my first fit note in November.

Yes my understanding is also that the 3 months waiting should have started from that fit note, so I enquired to confirm this was the case with the DWP. It was a case manager that replied to me saying that I have to wait a further 3 months....

However I cannot find any information online that supports this, and now am unsure as to where best to go now??
Cheers.

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3 years 3 weeks ago - 3 years 3 weeks ago #257596 by Gary
Replied by Gary on topic LCWRA UC Element
Hi Stevie

In most cases, the LCWRA element is awarded after a 3 month waiting period beginning on the day you provide medical evidence. If it takes longer than 3 months to carry out your Work Capability Assessment the element you are awarded will be backdated to this point and you will be paid any amount owing.

Although the waiting period is 13 weeks, I have know claimants to wait over a year, if they are successful in claiming LCWRA, the award is backdated to the date of the initial 13 week period.

www.entitledto.co.uk/help/Long-term-heal...ity-Universal-Credit

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 3 weeks ago by Gary.
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3 years 3 weeks ago #257642 by Ping12
Replied by Ping12 on topic LCWRA UC Element
Thank you for your help, following your advice I asked for further clarification and was advised that my 3 month period has indeed already passed.

Just a worry what would happen to anyone who didn't challenge what I was initially advised.....

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3 years 3 weeks ago #257659 by Gary
Replied by Gary on topic LCWRA UC Element
Hi Stevie

The information you were given was correct Have been advised that the additional UC element is not paid until 3 complete months have passed since the first assessment period after the date I first was awarded LCWRA

The wording can be confusing, there are two assessment to make things confusing one for UC and one for WCA.

UC is worked out on a calandar monthly basis. It is calculated for each monthly 'assessment period'. The first assessment period will normally be the month beginning with the first day that you are entitled to UC.

A work Capability amount cannot always be included in your award immediately; a waiting period ('assessment phase') of three months usually applies first of all. This will normally begin when you provide the DWP with a 'fit note'. If the waiting period is applied, the work capability amount can be included in your award in the monthly assessment period following on from the waiting period. During the waiting period, you should undergo the work capability assessment. As long as you provide the required fit notes you will be treated as having a limited capability for work during the assessment phase while waiting for the WCA to be carried out.

The case manager may have informed you of the backlog, we have heard here on the forum of assessment taking over one year from when their UC50 form was sent in.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ping12, Catherine

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