Carlos Hagi explores some common problems and potential solutions concerning having limited capability for work related activity (LCWRA) under universal credit (UC).
This article looks at some common issues around referrals for a work capability assessment (WCA) and determinations of LCWRA under UC. It will also consider a common issue of the DWP failing to treat a claimant as having LCWRA — which in our experience mainly arises where a claimant is undergoing treatment under the cancer provisions.
Why LCWRA matters
A determination of limited capability for work (LCW) or LCWRA under universal credit (UC) can be important for various reasons. Obviously there is a financial advantage to having a LCWRA element included in an award — although under managed migration this may erode any transitional element if it’s awarded after the end of the first assessment period. A determination of LCWRA under a WCA may take months, so arrears of the element can also be payable once a decision has been made.
A determination of LCW or LCWRA is also relevant for the award of a work allowance, work related requirements and, if a claimant is also eligible for a carer element, which element is payable.¹
Unless a claimant can be treated as having LCW or LCWRA in specified circumstances, this will mean a determination following a WCA for either contributory employment and support allowance (ESA) or UC. For this article we will only be considering a WCA under UC for the sake of simplicity, and also ignoring situations of natural or managed migration to UC where a claimant has already been assessed under ‘old style’ or new style ESA.
Full article – medium.com/adviser/universal-credit-and-limited-capability-for-work-related-activity-e622230f1475
