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PART 4ELEMENTS OF AN AWARD

Particular needs or circumstances – capability for work

Award to include LCW and LCWRA elements

28.—(1) An award of universal credit is to include an amount—

(a)in respect of the fact that a claimant has limited capability for work (“the LCW element”),or

(b)in respect of the fact that a claimant has limited capability for work and work-related activity (“the LCWRA element”).

(2) The amounts of those elements are given in the table in regulation 38.

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

(4) In the case of joint claimants, where each of them has limited capability for work or for work and work-related activity, the award is only to include one element and that is the LCWRA element if one of them has limited capability for work and work-related activity, but otherwise it is the LCW element.