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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

UC claimant and reducing hours/LCW

Sangeeta1
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Support Services, Cystic Fibrosis Trust, London

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Total Posts: 21

Joined: 18 February 2016

Hi

I have someone who is already on UC who is renting privately and works around 30 hours per week. (His earnings vary), who wants to reduce hours to under 16 due to his health.

(He has claimed PIP- no decision yet)

Can he claim as having LCW/LCWRA? I appreciate he will have to go through the WCA.

As there is no permitted work, does it matter how much he earns as long as his hours are below 16?

Thanks
Sangeeta

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Joined: 22 July 2013

Hi Sangeeta. Taken from the entitled to website:

The work capability assessment which determines your entitlement to a limited capability for work element will not be carried out, therefore you will not receive a LCW or LCWRA element, if your earnings are equal to or above a set threshold. This threshold is the amount you would earn if working 16 hours at the national minimum/living wage.

The exceptions to this are if you are receiving Attendance Allowance, Disability Living Allowance or Personal Independence Payment, or can be treated as having limited capability for work in Universal Credit without having to go through the work capability assessment. In these cases the threshold does not apply.

Sangeeta1
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Support Services, Cystic Fibrosis Trust, London

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Total Posts: 21

Joined: 18 February 2016

Many thanks. I did come across this in the Disability Rights Handbook, but it puzzled me as it effectively means there is a permitted work system in UC (as there are earnings and hours limits).

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

It’s a bit different to PW though as:

-there is no disregarded income unless there is a successful WCA (i.e. no work allowance in the equivalent of the assessment phase of ESA)
-the interaction with disability benefits that was not there in ESA PW
-there are different amounts of ‘disregarded earnings’ due to the different work allowances in the payment calculation of UC compared to PW in ESA