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UC Will I get back paid? Waiting 10 months for as.
- Mosie50
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3 years 1 month ago #265670 by Mosie50
UC Will I get back paid? Waiting 10 months for as. was created by Mosie50
My grandson who lives with me has autism. With the help of the guides I was able to get him the mobility payment of PIP ( regarding planning a journey to an unknown place), which he hadn’t had before. His care payment was increased also . He was moved onto UC previously, having not appealed after being found capable of work on ESA.
My question is will he get back paid for the 10 months that we have been waiting for a telephone work capability assessment. We filled the UC 50 firm in with great detail, following your guide but was told they needed to assess him further. We had an appointment in June but it was cancelled on the day and we are still waiting. They said it was because he needs a doctor to do the assessment, because of his conditions( autism, ADHD and Tourette’s) and they are not available yet.
My question is will he get back paid for the 10 months that we have been waiting for a telephone work capability assessment. We filled the UC 50 firm in with great detail, following your guide but was told they needed to assess him further. We had an appointment in June but it was cancelled on the day and we are still waiting. They said it was because he needs a doctor to do the assessment, because of his conditions( autism, ADHD and Tourette’s) and they are not available yet.
- Gary
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3 years 1 month ago #265785 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC Will I get back paid? Waiting 10 months for as.
Hi Mosie50
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
A 13 week assessment phase applies to all new WCA claimants. During the assessment phase claimans undergo the work capability assessment. The assessment phase can be extended beyond 13 weeks if there is a delay in completing this assessment.
A claimant can be treated as having limited capability for work-related activity (LCWRA) if, by reason of their health condition or disability, there would be a substantial risk to the health of the claimant or others were the claimant found not to have LCWRA. The provision can only come into play if a claimant has been found to have LCW but then fails to satisfy any of the LCWRA descriptors.
Regulations provide that a claimant can be treated as having LCWRA where there is a substantial risk to the health of any person.
For ESA, regulation 35 of the Employment and Support Allowance Regulations 2008 and regulation 31 of the Employment and Support Allowance Regulations 2013 provide -
A claimant who does not have limited capability for work-related activity... [having failed to satisfy any LCWRA descriptors] is to be treated as having limited capability for work-related activity if -
(a) the claimant suffers from some specific disease or bodily or mental disablement; and
(b) by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.
For universal credit, paragraph 4 of schedule 9 to the Universal Credit Regulations 2013 provides that a claimant is to be treated as having limited capability for work-related activity if -
The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.
The LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.
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
A 13 week assessment phase applies to all new WCA claimants. During the assessment phase claimans undergo the work capability assessment. The assessment phase can be extended beyond 13 weeks if there is a delay in completing this assessment.
A claimant can be treated as having limited capability for work-related activity (LCWRA) if, by reason of their health condition or disability, there would be a substantial risk to the health of the claimant or others were the claimant found not to have LCWRA. The provision can only come into play if a claimant has been found to have LCW but then fails to satisfy any of the LCWRA descriptors.
Regulations provide that a claimant can be treated as having LCWRA where there is a substantial risk to the health of any person.
For ESA, regulation 35 of the Employment and Support Allowance Regulations 2008 and regulation 31 of the Employment and Support Allowance Regulations 2013 provide -
A claimant who does not have limited capability for work-related activity... [having failed to satisfy any LCWRA descriptors] is to be treated as having limited capability for work-related activity if -
(a) the claimant suffers from some specific disease or bodily or mental disablement; and
(b) by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.
For universal credit, paragraph 4 of schedule 9 to the Universal Credit Regulations 2013 provides that a claimant is to be treated as having limited capability for work-related activity if -
The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.
The LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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