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Backdating LCWRA
Client has been awarded LCWRA, backdated to 3 months after his UC claim started. Client had extended period of sickness on JSA before UC award began, so I think that LCWRA should be backdated to 13 weeks after EPS began.
Unfortunately, there was a 2 day gap between client’s JSA claim ending and his UC claim beginning. The relevant regs specify that UC claim has to begin next day in order for the EPS backdating provision to apply.
We managed to get the gap ignored for SMI purposes (after involving the MP) - the relevant legislation for that mentions the JSA claim must be “immediately before” the UC claim.
Has anyone else had any success with getting a gap like this ignored for backdating LCWRA? Given the wording of the regs, is it even possible? Or is the only way forward a belated request for the date of the UC claim to be backdated? (Client is nearly 6 months into the claim now.)
EDIT: Just double checked all the dates. Was actually a 1 day gap between the claims, which makes the situation even more ridiculous.
[ Edited: 19 Jun 2018 at 04:35 pm by Philippa D ]