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

LCW/LCW&WRA; element when someone is working on UC.

 

ub40worker
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Welfare Team, Kensington and Chelsea CAB

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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?

 

     
Income Max
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Weymouth & Portland Citizens Advice

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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.

     
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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ub40worker - 15 May 2019 11:36 AM

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.

     
ub40worker
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Welfare Team, Kensington and Chelsea CAB

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Thanks Income Max and Charles. Very helpful.

     
ub40worker
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Welfare Team, Kensington and Chelsea CAB

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Income Max - 15 May 2019 11:55 AM

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.

     
Daphne
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ub40worker
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Welfare Team, Kensington and Chelsea CAB

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Daphne - 15 May 2019 02:01 PM

Reg 41(2) UC Regs 2013 - http://www.legislation.gov.uk/uksi/2013/376/regulation/41

Thanks Daphne.