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LCW/LCW&WRA; element when someone is working on UC.
Hi all,
Just a quick question. Scenario is-
Client is working 16 hours a week, is on Universal Credit- tries to complete a WCA with a fit note as she has a disability and wants to be considered for the extra sickness elements of UC. Told by DWP decision maker that as she is working she does not have LCW/LCW&WRA;. Is this right?
Just want to get some clarity around this. I understand there is no permitted work on UC. I am thinking in a scenario in which someone is already on the LCW/LCW &WRA; of UC it may be looked on more differently if they then try to work 16 hours? As I know in theory that they could have the sickness element and do some work- but what about in practise?
The UC Regs provide that someone who is already earning 16 x NMW or above cannot be assessed as LCW/LCWRA unless they are automatically entitled or get DLA/PIP/AA.
Just want to get some clarity around this. I understand there is no permitted work on UC. I am thinking in a scenario in which someone is already on the LCW/LCW &WRA; of UC it may be looked on more differently if they then try to work 16 hours? As I know in theory that they could have the sickness element and do some work- but what about in practise?
You are correct about this. If they have already been assessed for UC or ESA as having LCW/LCWRA, then that continues even if they start working. However, there is a good chance they’ll send her to be reassessed if she starts work.
Thanks Income Max and Charles. Very helpful.
The UC Regs provide that someone who is already earning 16 x NMW or above cannot be assessed as LCW/LCWRA unless they are automatically entitled or get DLA/PIP/AA.
Quick question sorry on outreach atm. Do you know what UC reg that is?
Ta.
Reg 41(2) UC Regs 2013 - http://www.legislation.gov.uk/uksi/2013/376/regulation/41
Reg 41(2) UC Regs 2013 - http://www.legislation.gov.uk/uksi/2013/376/regulation/41
Thanks Daphne.