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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC and being treated as having Limited Capability for Work

AngelaM
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Staying First, Shepherds Bush Housing Group

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Total Posts: 13

Joined: 1 September 2016

Hi

I just want to check that I have understood something properly before potentially submitting a Mandatory Reconsideration.

I saw a client yesterday who came with a support worker. He was living in a UC gateway area and was on ESA with WRAG. He then moved boroughs to an area which was full service. He applied for Housing Benefit but they told him he had to apply for Universal Credit to get housing costs. He therefore applied for Universal Credit. Afterwards he got a letter from ESA to say his ESA will stop as he is ‘required to claim Universal Credit’. This is the only reason ESA stopped.

He has been accepted onto Universal Credit but they have not included the LCW element in his payments and has been put on all of the work related requirements in his claimant commitment so is expected to do work searches and be available for work.

I understood that from the Universal Credit Regulations 2013 No. 376 regulation 30(1)(a) that the claimant would have limited capability for work under UC as it has been determined that he has limited capability for work on the basis of an assessment under part 4 of the ESA regulations.

He was due at an appointment at the Job Centre this morning to sign his claimant commitment so I knocked up a letter for him to give them to help him with his negotiations in drawing up a claimant commitment. I enclosed a copy of the regs so they would know that he should be treated as having LCW.

I got an email from his support worker today to they went to the Job Centre but was advised that he couldn’t be treated as having LCW because he put in a new claim for UC which is similar to reapplying for ESA and has to be on the basic rate until he has filled in a UC50 and had a medical. They did say they would ask their case manager to look at the case and put a note on the system once the case manager has looked at it.

Have I understood the regs correctly, does he has LCW for UC?

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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From their own guidance:

M4132
Where
1. an award of UC is made to a claimant who was entitled to old style ESA on the relevant date (see M4131) and
2. before the relevant date, it had been determined that the claimant was entitled to the WRAC and
3. the assessment phase had ended

the claimant is treated as having LCW without the need for the WCA[1].

Note: See M4136 for guidance where the assessment phase had not ended when ESA was terminated. See DMG Chapter 42 for guidance on ESA components, and Chapter 44 for guidance on when the assessment phase ends.

1 UC (TP) Regs, reg 19(1) & (2); WR Act 12, s 21(1)(a); UC Regs, reg 27(1)(a) & (3)

M4133
Where M4132 applies, the LCW element is normally included in the amount of UC award to the claimant from the beginning of the first assessment period[1]. The guidance about the relevant period before which the element is not included in the UC award2 in ADM Chapter F5 (Work capability elements) does not apply.
Note: See ADM Chapters F5 and F6 (Carer element) for further details about when the LCW element is not included in the UC amount payable.

1 UC (TP) Regs, reg 19(3); UC Regs, reg 27(4) & 29(4); 2 reg 28

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/534756/admm4.pdf

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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I think the relevant guidance would be in chapter M6 of the ADM rather than M4 as the latter is for transitions in gateway areas and the former in digital areas. The upshot is the same - see para M6190 onwards here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/538383/admm6.pdf

Stuart
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seems UC system is not applying guidance or regulations -.along with the guidance also worth highlighting to DWP regulation 19 of the Universal Credit (Transitional Provisions) Regulations 2014 for old style ESA . This sets out framework to treat someone moving from old style ESA to UC as having LCW (or LCWRA) without reassessmnet and to include the relevant element from the start of the first assessment period for UC.

AngelaM
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Staying First, Shepherds Bush Housing Group

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Joined: 1 September 2016

Thanks all!