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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

What does the date of the limited capability determination mean?

Ken Butler
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Disability Rights UK

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Total Posts: 221

Joined: 16 June 2010

Hi,
The recent Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2021 aim to tighten the restriction for Disabled students to claim UC and specify that –

“the claimant is to be treated as if the determination that they have limited capability for work, for the purposes of regulation 14(1)(b) of the Universal Credit Regulations, was made before the date on which the claimant started receiving education (see regulations 12(2) and 13 of the Universal Credit Regulations);”

But what does the date of the determination that they have limited capability for work mean?

Is it say –
• the date of the NSESA claim?
• the date of the 14th week of the claim?
• the date of the LCW decision letter?

Does anyone have a view on this?
Thanks.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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I can’t see any way you can argue that it means anything other than the date DWP make the determination (which will generally be the date of the LCW decision letter).

(The section of the Regs you’ve quoted is actually for the transitional arrangements for existing old-style ESA claimants, but I presume you meant to quote Reg. 2(a) of the new Regs.)

Ken Butler
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Disability Rights UK

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Total Posts: 221

Joined: 16 June 2010

Hi Charles,

Thanks for this.

I thought that the date of the decision letter was the answer.

Hoping that I was missing something.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Hello - grabbing hold of this thread!

This is under the 2020 amendment to the Regs but I suspect the ‘date of determination’ problem obtains.

Our claimant was not a student when they claimed UC and was on PIP.

WCA requested right away but it took five months.

Became a student Sept 2021.

LCW decided in late October.

UC stopped for being a student on the same day.

Any room for manoeuvre?