Date of LCW&WRA; element and lapsed Tribunal appeal

Claim made for UC on 26.03.19, fit notes provided from day 1. WCA decision made on 18.12.19, no LCW. Revised at MR to LCW only on 23.05.20. Appealed to Tribunal. On 17.08.20 the decision was further revised by UC to award LCW&WRA; and Tribunal appeal lapsed. No mention of any dates in this letter. However, the LCW&WRA; element was subsequently only backdated to March 2020.  Who knows why.

Upon requesting backdate to AP4 of claim (month commencing 26.06.19) UC has replied that: “We cannot pay the LCWRA element from further back. A decision maker has decided the date to pay it from bearing in mind when health conditions were supported and when evidence was provided and also there is a period of 91 days at the start of LCWRA where there is no additional payments, the amount is therefore correct.”

There has not been any particular change in health conditions and we have no idea what is meant by ‘when health conditions were supported and when evidence was provided.’  The case concerns a mother with a terminally ill baby who was in hospital from birth in 2018 who died in Jan 2020.

Am I right in thinking that I just need to reinstate the lapsed tribunal appeal to resolve this?  Or is there some other decision which would need to be MR/Appealed to do with the date of the LCW&WRA; element?

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