Important information for UC claimants who do not have a LCWRA element in their UC award who believes they could meet the criteria to be assessed as LCWRA and UC claimants who claim from 06/04/2025
From the 6th of April 2026, the UC bill is cutting the limited capability for work related activity (LCWRA) element from £423.27 to £217.26 for claimants unless they are:
Entitled to the LCWRA element in their UC award before 06/04/2025
Are a ‘severe conditions criteria claimant’ or
‘terminally ill’ (if death is reasonably expected to be within the next 12 months)
To qualify as a severe conditions claimant, the claimant must:
Meet one of the LCWRA descriptors due to their diagnosed bodily disease, disablement or mental illness ‘constantly’ and ‘will do so for the rest of their life’ (constantly is defined in the bill as ‘ that descriptor applies to the claimant at all times or, as the case may be, on all occasions that the claimant undertakes or attempts to undertake the activity described by that descriptor’ and
Their bodily disease, disablement or mental illness has to have been diagnosed by ‘an appropriately qualified health care professional in the course of the provision of health and social care services’ (under the NHS).
Some claimants receiving UC are classed as ‘treated as’ LCWRA, these claimants include: cancer patients who are recovering from/receiving/expecting to receive certain cancer treatment/s, claimants who are over state pension age and receive disability benefits, pregnant claimants who cannot work due to high risk against themselves or their unborn baby and claimants who are a risk to themselves or other people. ‘Treated as’ claimants who are not entitled to the LCWRA element in their UC award before 06/04/2025 will then only receive the £217.26 rate for LCWRA as they have not received a full Work Capability Assessment in which they can be assessed as a severe conditions claimant (not including claimants that are terminally ill).
Tactical advice for UC claimants currently:
If you are already entitled to the LCWRA element in your UC award before 06/04/2025 then you do not need to do anything, you will not be effected and will still receive the full £423.27 LCWRA amount
If you have been assessed as having limited capability for work (LCW) or have not been assessed as having either LCW/LCWRA and you think that you could meet the criteria to be assessed as LCWRA , especially if you do not believe that you will qualify as a severe conditions claimant from April 2026 , then it could be very worthwhile asking UC to have a reassessment for the work capability assessment to try ensure that you have entitlement to the LCWRA element included in your UC award before 06/04/2025 so that you will be classed as a pre April 2026 claimant so will then receive the full £423.27 LCWRA amount. Due to there being a waiting period until the LCWRA element is payable after assessment (paid in the 4th assessment period from the date a claimant provides medical evidence of their health condition/disability – usually a fit note), the reassessment request and medical evidence provided will need to be submitted as soon as possible to try and have the LCWRA element entitlement included in the award before 06/04/2025 so the full £423.27 is payable – please be aware this poses a risk for claimants that have been assessed as LCW as you could be reassessed as not having either LCW or LCWRA (this decision , if made by DWP, can be challenged by making a Mandatory Reconsideration but may be unsucessful.) The same advice applies to those who are making a UC claim between now and April 2026. If you are getting the carer element and a transitional element in your UC award , please seek advice from CASW before asking for a reassessment.
If you make a new claim for UC and are given entitlement to the LCWRA element that is included in your UC award from 06/04/2025 and are either terminally ill or a severe conditions claimant then you will have the full £423.27 LCWRA amount paid, if you are not terminally ill or a severe conditions claimant then you will receive the £217.76 amount for the LCWRA element. If you make a new claim for UC and are given entitlement to the LCWRA element that is included in your UC award from 06/04/2025 and are a ‘treated as’ claimant then you will receive the £217.76 LCWRA amount therefore it is very worthwhile going asking to go through the full work capability assessment if you feel you will meet the criteria to be a severe conditions claimant. If you are assessed as LCWRA through the work capability assessment as a severe conditions claimant then you will receive the full £423.27 LCWRA amount.
Please be aware you must meet a certain criteria to be able to have a work capability assessment under UC. You can’t usually be assessed as having LCW or LCWRA if your weekly earnings are at least 16 times the hourly minimum wage. (However you can earn this amount after being assessed as having LCW or LCWRA but this may result in another work capability assessment being carried out by the DWP if they feel the work you are doing contradicts the reason/s in which you have been assessed as LCW/LCWRA, which could result in loss of LCW or LCWRA assessment that has been previously made.)
You can be assessed as having LCW or LCWRA if your weekly earnings are at least 16 times the hourly minimum wage if one of the following apply:
You are in one of the categories that have LCW or LCWRA automatically
You have already been assessed as having LCW or LCWRA and are being reassessed
You get DLA, PIP or Attendance Allowance
Please be aware that due to the complexity of the UC bill, the information/advice that has been provided is basic and without more intricate information/advice on things such as advice on possible ways in which a claimant may be able to challenge a DWP decision regarding the bill such as to not award the full LCWRA rate when the claimant has received a private diagnosis for a health condition or things such as if you are receiving UC before 06/04/2025 and have declared that your health/disability affects your ability to work/look for work to UC and have not asked you to provide a fit note/you have not been given a work capability assessment when you meet the eligibility to have a work capability assessment . If you have questions or require further information/advice, please contact us at CASW.
