Where a claimant (or joint claimant ie partner) is unfit for work they may be entitled to a Limited Capability for Work and Work Related Activity Element (and some may be entitled to a Limited Capability for Work (LCW) Element)
If entitled, one of the following Elements is included in their UC assessment (2020/21 rates):
Limited Capability for Work and Work Related Activity (LCWRA)
Limited Capability for Work (LCW)
NOTE: The LCW Element was abolished from 3rd April 2017, so someone found to have a LCW after that date (or who has a break in claim) will not be paid the Element.
Eligibility for a LCWRA Element
- is based purely on whether the claimant (or joint claimant ie partner) has been found to have (or can be treated as having) a Limited Capability for Work and Work Related Activity by the DWP.
1. A LCW / LCWRA Element cannot be included in an award as well as a Carer Element in respect of the same claimant: only the higher Element is included.
2. For couples, only one LCW/LCWRA Element can be included - whichever is the higher.
3. A LCWRA Element cannot be included in an award for UC during the 'relevant period' ie the first 3 months after applying for the Element while they ae being assessed. When the 'relevant period' has ended it will be included from the beginning of the following Monthly Assessment Period.
4. Where a claimant is pension age and getting Attendance Allowance, enhanced rate daily living PIP or high rate care DLA they will be treated as having a LCWRA, but still need to 'apply' for the LCWRA Element to be included.