PART 4ELEMENTS OF AN AWARD
Particular needs or circumstances – capability for work
Award to include F10LCWRA element28
F11
An award of universal credit is to include an amount in respect of the fact that a claimant has limited capability for work and work-related activity (“the LCWRA element”).
2
The F2amount of that element is given in the table in regulation 38.
C21C8C19C16C25C10C23C3C13
Whether a claimant has limited capability for F3... work and work-related activity is determined in accordance with Part 5.
F44
In the case of joint claimants, where each of them has limited capability for work and work-related activity, the award is only to include one LCWRA element.
Period for which the F11... LCWRA element is not to be includedC15C14C9C27C11C30C28C29C4C2C13C629
C26C22C18C20C17C241
An award of universal credit is not to include the F7... LCWRA element until the beginning of the assessment period that follows the assessment period in which the relevant period ends.
C12C7C52
The relevant period is the period of 3 months beginning with—
a
if regulation 42(2) applies (claimant with monthly earnings equal to or above the relevant threshold) the date on which the award of universal credit commences or, if later, the date on which the claimant applies for the F5... LCWRA element to be included in the award, or
b
in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.
3
Where, in the circumstances referred to in paragraph (4), there has been a previous award of universal credit—
a
if the previous award included the F6... LCWRA element, paragraph (1) does not apply, and
b
if the relevant period in relation to that award has begun but not ended, the relevant period ends on the date it would have ended in relation to the previous award.
4
The circumstances are where—
a
immediately before the award commences, the previous award has ceased because the claimant ceased to be a member of a couple or became a member of a couple, or
b
within the six months before the award commences, the previous award has ceased because the financial condition in Article 10(1)(b) (or if it was a joint claim, Article 10(2)(b)) of the Order was not met.
5
Paragraph (1) also does not apply if—
a
the claimant is terminally ill, or
b
the claimant—
i
is entitled to an employment and support allowance that includes the support component F8..., or
ii
was so entitled on the day before the award of universal credit commenced and has ceased to be so entitled by virtue of section 1A of the Welfare Reform Act (Northern Ireland) 2007 M1 (duration of contributory allowance).
F96
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Where, by virtue of this regulation, the condition in Article 10(1)(b) or 10(2)(b) of the Order is not met, the amount of the claimant's income (or, in the case of joint claimants, their combined income) is to be treated during the relevant period as such that the amount payable is the prescribed minimum (see regulation 17).