Page 7 - Community Living Magazine 35-1

welfare rights
Being assessed for ability to work

Establishing limited capability for work is a complex but professional. Historically, this usually took
important part of claiming universal credit, and needs to be place in person, but now can also be done
over a video call or telephone.
done promptly and correctly, writes Charlie Callanan Following this assessment, the
healthcare professional will write a report
about the client’s abilities concerning the
ew benefit claimants with a WCA activities. The DWP decision-maker
learning disability are now most will come to a conclusion based on this
Nlikely to have to claim universal and other evidence. The decision and
credit, a means-tested benefit, to related financial implications will be one
maximise their income. of the following:
Universal credit claimants with a ● The client has limited capability for
disability or illness that affects their ability work and for work-related activity. The
to work should always ask for an claimant cannot work now and is not
assessment to determine if they have expected to prepare for work in the
limited capability for work-related activity future. They will get the LCWRA
(LCWRA) and/or limited capability for element included in their award, worth
work (LCW). £343.63 per month. This is backdated to
This is assessed via the work capability the 14th week after they first provided
assessment (WCA). Claimants who are a fit note.
found through the WCA to have LCWRA ● The person has limited capability for
will be paid extra money. work. The claimant cannot work now,
Being found to have (or not have) either Claimants determined to have limited capability but can prepare to work in the future,
LCW or LCWRA also determines whether for work-related activity will get extra money eg by writing a CV. If the client is
there are responsibilities the claimant claiming for the first time, they will not
must fulfil while getting the benefit, and The above is vital because the claimant get the LCW element as it was abolished
the nature of those responsibilities. These cannot achieve their LCW/LCWRA status, for new claimants in 2017.
are outlined in a “claimant commitment”. and so potentially get extra money within ● The claimant is fit for work and has to
Clients should follow the relevant steps their award, until the 14th week after carry on claiming universal credit as a
early in their claim for universal credit to they have submitted their fit note. (The jobseeker. They will get the standard
obtain their LCW/LCWRA status. previous 13 weeks is called the WCA allowance and, like other claimants, may
assessment period.) be entitled to additional money eg for
Prioritise a doctor’s note In addition, the claimant must keep children, childcare and housing costs.
In the initial universal credit application providing fit notes that cover the There is a right to ask for the decision to
form, people can state whether they have assessment period until they get an be reconsidered as well as to appeal
a health condition or disability that affects outcome in their WCA. against it. There is a very high success rate
their ability to work. During the assessment period, disabled in appeals regarding the WCA, especially
people can be subject to work-related where the client is represented.
requirements, including having to seek
The client should ask their work. The client should, however, ask Moving from an older benefit
work coach to adjust their their work coach to adjust their claimant It is important to remember that the
commitment because of the limitations
situation is different for clients who are
claimant commitment caused by their disability. claiming certain legacy benefits such as
The work coach should initiate the
because of their disability WCA. The claimant will then be sent a income-related employment support
allowance who have to migrate to
form, the UC50 capability for work universal credit, for example because of a
questionnaire, to complete. They must relevant change in circumstances.
It is also crucial that the client obtains a complete and return this or they will be If they have current LCW/LCWRA status
medical certificate, called a fit note, from treated as being capable of work and will from another benefit, this is retained in
their doctor as soon as possible. This have to start the WCA process again to their universal credit award. They will
should state that their patient is not establish LCW/LCWRA status. continue to get their LCWRA or LCW
currently able to work. If the decision maker at the Department element if applicable. Migration to the
This can then be uploaded to the for Work and Pensions believes there is benefit should not trigger a fresh WCA.
claimant’s universal credit account. The enough information in the UC50 and in Several aspects of universal credit make
claimant (or their support worker/adviser) other documents (eg medical evidence), it a tricky benefit for clients to manage.
should also place a note on their online they can make a decision on the Establishing limited capability for work is a
universal credit journal (which all claimant’s LCW/LCWRA. very important part of the claim process,
claimants have) to remind their job centre However, it is more likely the person will and clients and advisers need to be
Seán Kelly work coach that the WCA process should be referred for a face-to-face assessment proactive in making sure this is done
now be started.
with an independent healthcare
promptly and correctly. n
www.cl-initiatives.co.uk Community Living Vol 35 No 1 | Autumn 2021 7