Hi Mike,
My service user Alison claimed UC on 2nd July.
A couple of days later on 4th July she sent in her sick-note, and then she had a Work Capability Assessment.
Later, she got a decision that she has LCWRA.
The jobcentre told her that she would get extra money after a three month waiting period, but three months have gone by and when she got her UC payment a couple of days ago there was no extra money.
She called UC and they said that this is correct – it won’t start until next month.
Who is right? The jobcentere worker or the helpline?
Nellie
Hello Nellie,
The extra money that you are thinking of is called a LCWRA Element, but because the DWP loves to give things two different names, they have recently taken to calling it the Health Element.
This is currently £423.27 per month – but cuts are on the way
Universal Credit is always administered by assessment periods of one calendar month; so because Alison claimed on the 2nd July, her assessment periods run from 2nd of each month to the 1st of the following month.
The waiting period for the LCWRA Element, called a relevant period, is three full assessment periods after you first give DWP a sick-note*.
Alison sent in her sick-note on 4th July so her waiting time is the next three full assessment periods from 2/8-1/9, 2/9-1/10 and 2/10-1/11.
Her entitlement to the LCWRA element begins on 2nd November but she won’t get the extra money until she gets her December payment.
Here’s the thing though: If Alison had given the DWP her sick-note on the date that she claimed, then her first assessment period would have been included in the waiting time.
She would have been entitled to the extra money from 2nd October and got it in her November payment.
Two days delay in sending in the sicknote has cost her £423.27.
It would have been better if she had delayed claiming UC until she had the sicknote, so she could have sent it in on the day of the claim.
As a general rule, if you’re unwell, always send in your sick-note on the date that you claim.
Unfortunately, there is probably nothing to be done about this now.
Probably?
Well, I’ve said above that the thing that triggers the waiting period is sending in a sicknote to the DWP, but that’s not actually what the rules say.
The law says that the thing that triggers the waiting period is that the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.
It’s a long-shot, but it might be possible to argue that just telling the DWP that you are unwell on the first day of the claim could count as providing evidence.
If she did so, then get back to me and we will see about submitting a revision request (which the DWP calls a mandatory reconsideration)
*
A sick-note is legally called a healthcare professional’s statement.
The DWP loves to call things the opposite of what they are, so they call these fit-notes.