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LCW>LCWRA supersessions & relevant period for LCWRA element payment
UC appear to be routinely applying a 3xAP waiting period in LCW>LCWRA supersession cases.
My reading is that if we’re talking about a change of circumstances and the change was reported timeously (or good cause for lateness accepted), the effective date for supersession is the first day of AP on which the change was reported (or occurred, if late) and no 3xAP waiting period to be applied (r23 & 35(9)(b) of the D&A regs).
& if no change was reported and the LCWRA decision came via a routine WCA reassessment, there would still be no 3xAP waiting period but LCWRA only payable from the AP in which LCWRA decision made (r26 &35;(9)(b) of the D&A regs)
I can’t see how r28(1) UC regs / r35(9)(a) D&A regs are applicable when looking at a LCW>LCWRA supersession.
Any thoughts?
Hey Tom
See reg.4 of these amending regs: https://www.legislation.gov.uk/uksi/2023/543/made
And 7.3 of the Explanatory Memorandum: https://www.legislation.gov.uk/uksi/2023/543/pdfs/uksiem_20230543_en_001.pdf
Note DWP’s position is that the amendment just clarifies the already existing position
Why do you think Reg 35(9)(a) doesn’t apply in this case?
By the way, see this amendment, coming into force on 29th June.
The EM for those Regs says the following:
Amendment to regulation 28(6) of the Universal Credit Regulations 2013
7.2 Consequential amendments were made to the Universal Credit Regulations 2013 in 2017 to account for changes made in the Welfare Reform and Work Act 2016. This Act abolished the award of the limited capability for work (LCW) element in Universal Credit (and also the work related activity component in ESA) for claims made on or after 3 April 2017.
7.3 Paragraph (6) of regulation 28 of the Universal Credit Regulations 2013 was omitted in error. Its omission means that it could be argued that claimants who are determined to have limited capability for work and work related activity (LCWRA), having previously been determined as having LCW, could be required to again serve a further 3-month relevant period before the LCWRA element is awarded. Reinserting regulation 28(6) makes it clear that claimants who are determined as having LCW do not have to serve the 3-month relevant period before the LCWRA element is awarded.
EDIT TO ADD: Owen got there first!
Hey Tom
See reg.4 of these amending regs: https://www.legislation.gov.uk/uksi/2023/543/made
And 7.3 of the Explanatory Memorandum: https://www.legislation.gov.uk/uksi/2023/543/pdfs/uksiem_20230543_en_001.pdf
Note DWP’s position is that the amendment just clarifies the already existing position
Amazing - thanks Owen.
Interesting that DWP’s position is that the amendment clarifies existing position. It’s certainly being applied in practice although they are changing at MR.
Why do you think Reg 35(9)(a) doesn’t apply in this case?
I think I was just trying to reconcile a situation where the first date on which a claimant has provided evidence of LCW was years prior, in the absence of 28(6). It all makes a lot more sense taking those amendments into account!