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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Re: Request for a Mandatory Reconsideration of the start date of my relevant period

I notified your department on xx/xx/xxxx that I was unfit for work and I self-certified my limited capability and provided a Fit Note on xx/xx/xxx confirming my Limited Capability for Work.

Universal Credit Regulations 28(2)(b) states that the start of a claimant's ‘relevant period’ is the ‘first day on which the claimant provides evidence of their having a Limited Capability for Work in accordance with the Medical Evidence Regulations.’

I therefore believe that my ‘relevant period’ should have started on xx/xx/xxx. However I have found out that my ‘relevant period’ is recorded as not starting until xx/xx/xxxx and I would therefore be grateful if you could reconsider the start date of my ‘relevant period’ and review the date my award included the LCWRA Element. I understand the LCWRA Element should be included in my award from the start of the Monthly Assessment Period following the end of the ‘relevant period’.

I request that you pay me the arrears I am due as a matter of urgency.

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Re: Request for a Mandatory Reconsideration of the date the LCWRA Element has been included in UC award

I notified your department on xx/xx/xxxx that I /my partner was terminally ill following a diagnosis made on xx/xx/xxxx.

Universal Credit Regulations 28(5)(a) states that where a claimant is terminally ill they are excluded from the ‘relevant period’ and therefore the Limited Capability for Work Related Activity Element should be included from the beginning of the Monthly Assessment period in which the diagnosis of terminal illness was made.

I would therefore be grateful if you would review my award of Universal Credit to include the LCWRA Element from xx/xx/xxxx.

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Re: Request for Mandatory Reconsideration of decision to treat me as not having a Limited Capability for Work due to failure to return UC50 questionnaire within the time limit

I refer to your decision dated xx/xx/xxxx to treat me as fit for work because I did not return the UC50 questionnaire by the deadline of xx/xx/xxxx. 

I am writing to request that you revise your decision because either:

[Delete as appropriate]

- I did not receive a further request for the UC50 – as required by UC Regulation 43 para 4 that should be sent out no less than three weeks after the first request, or I was sent this reminder but the decision I did not have a Limited Capability for Work was made less than 7 days after this reminder was sent. I have now sent a completed UC50 questionnaire.

- I had a good reason for missing the deadline. The reason I missed the deadline for returning my UC50 questionnaire was: [Give all relevant information eg. Health problems, needing help with form and having to wait for help, postal delays meant you received it late and not enough time to complete etc]

- I did return my UC50 questionnaire by post on xx/xx/xxxx. Therefore, the form should have arrived by the deadline; the delays in your receiving it were beyond my control. I have now sent a photocopy of the original / another completed UC50     

Please accept that either you did not comply with UC Regulation 43 para 4, or that my reasons are good cause in line with UC Regulation 43 para 3 and allow me to be assessed under the Work Capability Assessment.

[If applicable] also request that, as a matter of urgency, my Work Coach reduces my work search and work availability requirements on my Claimant Commitment. My health condition(s) mean it is unrealistic to expect me to meet the current requirements in my current Claimant Commitment; this is causing me considerable stress.

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Re: Request for Mandatory Reconsideration of decision to treat me as not having a Limited Capability for Work due to failure to attend medical examination

I refer to your decision dated xx/xx/xxxx to treat me as fit for work because I did not attend the medical examination on xx/xx/xxxx.

I am writing to request that you revise your decision because either:

[Delete as appropriate]

- I did not receive the seven days’ notice, as required by UC Regulation 44 para 3, – I had not agreed to accept a shorter period and/or that notice did not include the date, time and place of the examination.

- The reason I was not able to attend the medical examination was because [Give all relevant information eg. unexpected emergency, health problems on the day, transport difficulties etc]

- The notice was sent to me as a letter which was dated xx/xx/xxxx, which was more than 7 days before the appointment, however I did not receive it until xx/xx/xxxx. The reason it took so long for the letter to arrive must have been due to either the letter being sent out in the post after the date on the letter, or due to delays in the postal service. Both of these factors are beyond my control. I have been at home and have opened and checked my post every day. I have not received any other notice of the examination.

Please accept that either you did not comply with UC Regulation 44 para 3, or that my reasons are good cause in line with UC Regulation 44 para 2 and allow me to be assessed under the Work Capability Assessment.

(If applicable) I also request that, as a matter of urgency, my Work Coach reduces my work search and work availability requirements on my Claimant Commitment. My health condition(s) mean it is unrealistic to expect me to meet the current requirements in my current Claimant Commitment; this is causing me considerable stress.

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