PART 4 ELEMENTS OF AN AWARD

Particular needs or circumstances - capability for work

28 Period for which the LCW or LCWRA element is not to be included
1 An award of universal credit is not to include the LCW or 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 weekly 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 LCW or 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 (3), there has been a previous award of universal credit—
(a) if the previous award included the LCW or 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 or the work-related activity component, 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 (duration of contributory allowance).
2007 c.5. Section 1A was inserted by section 51 of the Welfare Reform Act 2012.
6 Paragraph (1) does not apply where an award includes the LCW element and it is subsequently determined that the claimant has 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).