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PART 4U.K.ELEMENTS OF AN AWARD

Particular needs or circumstances - capability for workU.K.

Award to include [F1LCWRA element] U.K.

27.—[F2(1) 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 [F3amount of that element is] given in the table in regulation 36.

(3) Whether a claimant has limited capability for F4... work and work-related activity is determined in accordance with Part 5.

[F5(4) 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.]

Textual Amendments

Modifications etc. (not altering text)

C14Reg. 27(3) excluded (cond.) by S.I. 2014/1230 reg. 23(1A) (as inserted (13.10.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), regs. 1(2), 5(2)(c))

Period for which the F6... LCWRA element is not to be includedU.K.

28.—(1) 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.

(2) The relevant period is the period of three months beginning with—

(a)if regulation 41(2) applies (claimant with [F8monthly] 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 F9... 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) But 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 F10... 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 section 5(1)(b) (or, if it was a joint claim, section 5(2)(b)) of the Act 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 F11..., 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 2007 M1 (duration of contributory allowance).

[F12(6) Paragraph (1) does not apply where a claimant has limited capability for work and it is subsequently determined that they have limited capability for work and work-related activity.]

(7) Where, by virtue of this regulation, the condition in section 5(1)(b) or 5(2)(b) of the Act 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).

Textual Amendments

F8Word in reg. 28(2)(a) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 2(3)

Modifications etc. (not altering text)

C26Reg. 28 excluded (cond.) by S.I. 2014/1230 reg. 26(4)(a) (as inserted (13.10.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), regs. 1(2), 5(4)(b))

C27Reg. 28 excluded (cond.) by S.I. 2014/1230 reg. 26(4)(b) (as inserted (13.10.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), regs. 1(2), 5(4)(b))

C39Reg. 28(2) excluded by S.I. 2014/1230 reg. 20A (as inserted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 6)

Marginal Citations

M12007 c.5. Section 1A was inserted by section 51 of the Welfare Reform Act 2012.