UC Work Allowance and having/being treated as having LCW

I have a client who had a stroke, went off work and got SSP. She claimed UC shortly after the stroke. Under schedule 8 of the UC regs, you are treated as having LCW when in hospital.  Under reg 39, a claimant has limited capability for work if the ‘...claimant is to be treated as having limited capability for work’.  Under regulation 22 of the UC regs, you get a work allowance if you have limited capability for work.

So should she get a work allowance for the period whilst she was in hospital? I think she should unless I have missed something.

Cheers

Alex

I am not aware of anything to suggest any problem with your reasoning. I think this would only apply to any assessment period where your client was in hospital at the end of the AP.