UC final award backdated to 13th week?

Apologies for a seemingly banal question but can anyone confirm if, just like ESA, DWP give 13 weeks to make a WCA decision and they will backdate the final rate to the 13th week after start of UC claim?

I saw a thread on here from 2014 but there seemed to be disagreement.

Can anyone confirm if it works the same?

Ta

They backdate it to the start of the assessment period which begins after the three month period - reg 28 of the UC Regs

Thanks Daphne, so if I am reading that right it will mostly be the start of the assessment period beginning three months after the fit note is submitted?

Is that what -

‘(b)in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations’

refers to?

Thank you

Yes - that’s how I read it - tho I think you can argue it could be read as the date the fitnote dates from (as opposed to date submitted) I think as you’ve provided evidence from that day - if you see what I mean…

Great thanks! Yes good point about the potential for arguing for date on the fit note itself.

Daphne - 17 August 2018 03:15 PM

Yes - that’s how I read it - tho I think you can argue it could be read as the date the fitnote dates from (as opposed to date submitted) I think as you’ve provided evidence from that day - if you see what I mean…

In addition to which the claimant can self-certify for the first 7 days of the period they are incapacitated. See reg 5 of the Social Security (Medical Evidence) Regulations 1976 - http://www.legislation.gov.uk/uksi/1976/615/pdfs/uksi_19760615_301114_en.pdf

Daphne - 17 August 2018 03:15 PM

Yes - that’s how I read it - tho I think you can argue it could be read as the date the fitnote dates from (as opposed to date submitted) I think as you’ve provided evidence from that day - if you see what I mean…

I thought the same Daphne, arguing such at MR- however have just received DWP response which tells me no, the ‘relevant date’ is date the ‘SFFW was received’ and not the date LCWRA is certified as beginning (In the clients case there’s a 2 month gap between date of SFFW and DWP receipt!)

Have read and re - read the wording of regulation 28(2)(b) and I don’t think it is entirely clear.

DWPs interpretation is not sitting easy with me- be good to hear what others think

Are you going to appeal Doris - I’d be interested to hear what the tribunal say? Given that it takes 7 days minimum for a fit note to get through the postal system (and some people will need to post) it seems very wrong that it doesn’t go from the date the fit note certifies from

Sadly not, this was on top of a series of additional UC failures which are now (after a chunk of time) resolved- however client has had enough and needs a rest.
Cant say I blame him.