There are several situations in which the protection could be lost
UC award ends
If a claimant's UC award ends and they go on to make new claim to UC in the future, the claimant will generally^ have to start the Work Capability Process all over gain.
They will not be 'pre-2026' claimant as they will not have been on UC that included a LCWRA Element before 6th April 2026 and continuously ever since.
So, unless they meet the 'severe conditions criteria' or are a 'terminally ill' claimant, they will not be entitled to the higher 'protected' rate of LCWRA.
^ unless this is due to an increase in income and the claimant becomes entitled again within 6 months (Reg 27A(2) of the UC Regs 2013).
Example: Andi is on UC that includes the higher 'protected' rate of LCWRA when her assessable savings go over £16,000 in October 2026. When her savings drop below £16,000 she makes a new claim for UC. She has to start the Work Capability Assessment process from scratch, and as she is not 'terminally ill' nor meets the 'severe conditions criteria', if she is found to have LCWRA her award will include the new lower rate.
Example: Taj is on UC that includes the higher 'protected' rate of LCWRA when she goes abroad to visit family for 6 weeks in December 2026 - this bring her UC award to an end. When she returns she makes a new claim for UC. She has to start the Work Capability Assessment process from scratch, and as she is not 'terminally ill' nor meets the 'severe conditions criteria', if she is found to have LCWRA her award will include the new lower rate.
Example: Carl is on UC that includes the higher 'protected' rate of LCWRA. He normally works part-time, but is offered extra hours at work for a while. This reduces his UC award to nil. This lasts for 4 months. Although he is not entitled to UC during this period the DWP treat him as making a new claim at the beginning of each Assessment Period and so when the overtime stops he becomes entitled to UC again. Due to the special rules, he can retain the protected higher rate of LCWRA Element.
On review found to have LCW or fit for work?
If a claimant who has LCWRA is then found to have LCW or fit for work on review - they have the right to challenge that decision.
If they win that challenge and are found to have LCWRA then whether their UC award includes the 'protected rate of LCWRA will depend on whether they:
- meet the conditions to be a 'pre-2026' claimant, or
- meet the 'severe conditions criteria', or
- are classed at a 'terminally ill' claimant.
- If they are then they will be entitled to the higher 'protected' rate of the LCWRA Element.
Example: Angus is on UC that includes the higher 'protected' rate of LCWRA. In October 2026 the DWP conduct a WCA review and in March 2027 he is found to have LCW, the LCWRA Element is removed from his UC award. He appeals that decision and wins - the Tribunal decide he does have LCWRA. His UC award is reassessed from March 2027 to include the LCWRA Element - as he meets the conditions as a 'pre-2026' claimant it is the higher 'protected' rate that is included .
UC award has a gap when no LCWRA Element was included after 6th April 2026
If a claimant loses the LCWRA Element from their UC award even if they go one to be entitled again in the future, the claimant will generally^^ have to start the Work Capability Process all over gain.
They will not be 'pre-2026' claimant as they will not have been on UC that included a LCWRA Element before 6th April 2026 and continuously ever since.
So, unless they meet the 'severe conditions criteria' or are a 'terminally ill' claimant, they will not be entitled to the higher 'protected' rate of LCWRA.
Example: Mick is on UC that includes the higher 'protected' rate of LCWRA when he is arrested. He is held on remand for 6 weeks before receiving his sentence. Because his overall absence from home is less that 6 months, his UC award continues although he is only entitled to the Housing Costs Element. When he is released he has to start the Work Capability Assessment process from scratch, and as he is not 'terminally ill' nor meets the 'severe conditions criteria', if he is found to have LCWRA his award will include the new lower rate.