UC and pregnancy

Page 1046 of CPAG (2013/14 edition) suggests that the LCW criteria for UC are the same as for JSA/IS (but tell me if I’ve got that wrong as I’m not sure), but there’s something that I’m still confused about…

My reading of the IS regs is that a woman can usually claim IS during her pregnancy from the 11th week before the week of the due date, or earlier if the doctor signs her off work for medical reasons related to the pregnancy. But on p1005 of CPAG (2014/15), referring to LCW it mentions the following ‘you are within the period beginning with the first day of the sixth week before the expected week of childbirth…’ What is this bit referring to and how does it relate to the ‘11th week before the due date’ thing mentioned in the IS Regs?

geep - 13 March 2015 06:17 PM

Page 1046 of CPAG (2013/14 edition) suggests that the LCW criteria for UC are the same as for JSA/IS (but tell me if I’ve got that wrong as I’m not sure), but there’s something that I’m still confused about…

My reading of the IS regs is that a woman can usually claim IS during her pregnancy from the 11th week before the week of the due date, or earlier if the doctor signs her off work for medical reasons related to the pregnancy. But on p1005 of CPAG (2014/15), referring to LCW it mentions the following ‘you are within the period beginning with the first day of the sixth week before the expected week of childbirth…’ What is this bit referring to and how does it relate to the ‘11th week before the due date’ thing mentioned in the IS Regs?

they don’t relate, in that they are different periods.

11 weeks before due date for IS, 6 weeks before due date for UC

therefore, the one is less generous than the other - either deliberately, or otherwise

I hope it’s not ‘otherwise’. It would be unfair if the fate of pregnant women was decided by an admin’ error.

If it’s deliberate, are we to assume that pregnant women have become five weeks hardier since the IS Regs were written?

Reg 20 (1) (f) of the ESA Regs 2008 mentions the 6 weeks before due date requirement, but if a medical certificate is provided by a doctor they can be signed off at any stage of their pregnancy.

If the IS Regs automatically give pregnant women the right to stop seeking work at 11 weeks before the due date and the UC Regs only does so at six weeks before the due date, it seems like quite a large change. But I’m not sure if I’m interperting this correctly, so if anyone is more sure about the new rules than me, please lt me know.

Thanks

For UC, the issue is the claimant commitment / work related requirements placed on the claimant.  Page 1075 of CPAG says that a claimant is put in the no work related requirements group if they are pregnant and within 11 weeks of the week baby is due, or if they have given birth within the last 15 weeks.  This mirrors the eligibility criteria for IS.

The bit about limited capability for work applies to ESA.  According the the 2013/14 CPAG book (the 2014/15 refers back to this one) being within 6 weeks of the due date etc. only counts towards LCW for ESA, there is no equivalent provision in UC.  Presumably this prevents UC claimants getting the LCW element added to their payments, but at least they get a break from the relentless work search requirements.

Thanks, Cordelia. So, a UC claimant who becomes pregnant wouldn’t be worse off than a claimant who moves from JSA to IS (because they wouldn’t get the disability premium in IS in any case), is that right?

I’m still a bit confused about how ESA comes into the equation for pregnant women. I thought they could move onto IS early if they had medical problems earlier in the pregnancy. Do they have to claim ESA instead of IS (or would be better off claiming ESA) if the medical problems are not related to the pregnancy?

I’ve always found it confusing as well.  However there are a lot of women who won’t be eligible for Income Support for some reason.  ESA could be contributory ESA so theoretically someone might qualify for some ESA for that period even if they didn’t qualify for IS.

I must admit that I’ve never seen anyone claim ESA just for those six weeks though.  In practice women who meet the criteria for contributory ESA are more likely to be claiming SMP or Maternity Allowance.