Please ensure a Limited Capability for Work (LCW) Element / Limited Capability for Work Related Activities (LCWRA) Element is included in the assessment of my Universal Credit award.

This is because:

EITHER: I was on ‘Old-Style’ ESA and in receipt of the Work Related Activity Component / Support Component when I made my claim for Universal Credit, and under Regulation 19 of the Universal Credit (Transitional Provisions) Regulations 2014 I should have the LCW Element/LCWRA Element automatically applied as I am treated as having a LCW/LCWRA through having already been assessed as having this under my entitlement to ESA.

OR: I am in receipt of New-Style ESA and in receipt of the Support Component when I made my claim for Universal Credit, and under Regulation 40 of the Universal Credit Regulations 2013 I should have the LCWRA Element automatically applied as I am treated as having a LCWRA through having already been assessed as having this under my entitlement to ESA.

Please note this also means that I do not have to wait a ‘relevant period’ nor need to attend a Work Capability Assessment in respect of the Element and should not be placed in the ‘all work-related activity’ group.

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Please ensure a Transitional SDP Element is included in the assessment of my Universal Credit award.

This is because I am not entitled to a manage migration Transitional Element and I was on Income-Related ESA / Income Support / Income-Based JSA when (or in the month before) I made my claim for Universal Credit, that award included a Severe Disability Premium for me and I continued to meet the eligibility conditions for the Severe Disability Premium on the day I made my claim for UC. I therefore meet the conditions for this Element as outlined in Schedule 2 of the UC (Transitional Provision) Regulations

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I am requesting a Mandatory Reconsideration of your decision not to include a Child Element in the assessment of my Universal Credit award for xxxxxxx from xx/xx/xxxx.

UC Reg 24 states that a Child Element should be included (subject to the two child limit) for each child/ qualifying young person that 'normally lives' with a claimant. Para F1010 of the ADM states that: “normally lives” is not defined in legislation and should be given the meaning that a child or qualifying young person normally lives with a person where they spend more time with that person than with anyone else. Note: which person gets CHB is not taken into account. I have provided evidence that xxxxxx normally lives with me. If you feel unable to revise my award to include a Child Element for them please provide me with a statement of reasons for your refusal quoting the relevant Regulations/Guidance you have used.

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