What happens on Universal Credit if you have a health condition or disability?
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If you are making a claim for Universal Credit and already have previously been assessed on ESA and it was decided that you were in the support group or wrag then this does not apply. Please see our section on ESA transition. |
What is the UC work capability assessment?
If you have a medical condition or a disability that affects your ability to work, you maybe eligible to apply for a work capability assessment to determine if you have LCW (limited capability for work) or LCWRA (limited capability for work and related activity).
Before applying review the LCW and LCWRA descriptors to see if you meet the requirements for either element.
To be awarded for LCW you need to score 15 points.
LCW Descriptors.
https://www.legislation.gov.uk/uksi/2013/376/schedule/6/made
To be awarded LCWRA you need to meet LCW as above, plus any one of the LCWRA descriptors.
LCWRA Descriptors.
https://www.legislation.gov.uk/uksi/2013/376/schedule/7/made
To be referred for work capability assessment you must either not be working, or be earning under 16 hours the national minimum wage per week.
However if you are in receipt of PIP or DLA you are exempt from the earnings rule.
Reporting a medical condition and/or disability
On the first day of reporting a condition or disability you prompted to start submitting fit notes. These are usually issued by your GP and must be reported on your online journal.
You are then usually requested to be seen by your work coach, so that you can provide this in person.
From day 29 of submitting fit notes you can then be referred for a work capability assessment. Until you have been through this full process and instructed through your online journal otherwise, you will need to continue submitting fit notes until awarded LCW or LCWRA.
Whilst waiting for the 29 days to lapse, this is an ideal time to gather any medical evidence that will support your claim (GP, Consultant’s letters, other medical professional letters, referral letter’s etc). Usually the last 12 months is advisable, unless older documentation is relevant to your current claim and diagnoses.
Please consider that the decision maker is highly unlikely to read through 500 pages of medical evidence.
If you can request for your GP to provide a letter outlining your conditions, disabilities and medications this would be ideal, so that any important information is not overlooked. Then you will only need to include key consultant and medical professional letters, to support your claim further.
When you are referred for a WCA what to expect next.
Once your case manager has referred you for a WCA, you will receive a journal entry requesting your GP details. Once you have completed this, shortly after you will receive a copy of the UC50 questionnaire form in the post to fill in.
It has been brought to our attention that once the 29 days has lapsed from the first day of submitting continuous fit notes, some claimants are not being referred for a WCA. If this happens after 31 days of submitting fit notes, simply give UC helpline a call on 0800 328 5644 and request a UC50 questionnaire form.
If you require the questionnaire in Braille, large print, audio or in Welsh, call the UC helpline on 0800 328 5644, to request an alternative format.
How to complete UC50 questionnaire form.
You can fill in the UC50 form by yourself or with the help of a friend or relative or if you prefer to get a local organisation to help then that is allowed. The form may be long but it is not intended to trick you.
You will begin by completing all your personal details, medical professionals details, medical conditions/disabilities, hospital treatments/upcoming treatments and finally the key part explaining why you have ‘limited capability for work’.
When completing the limited capability for work sections, it is important to remember to not simply focus on your conditions, as this is often the reason why claimants fail to be awarded. It is about explaining what the impact of your symptoms have on you managing and completing daily activities before, during and after.
If you are on any medication what are the side effects of these and how do they affect you, completing and managing daily activities as well. You can also use the LCW and LCWRA descriptors as a guide to help you complete the questionnaire.
The letter enclosed with the questionnaire will give you a completion date. If however you require more time, as long as you can show good reason, the health assessment centre will usually agree to an extension. The UC50 questionnaire form includes a page to explain reason for lateness. You can also call the Health Assessment Advisory Service on 0800 288 8777 if more time is required.
Once completed we always recommend to send first class signed for so that you have proof of postage and can track, to ensure your UC50 questionnaire and supporting medical evidence has been received. You also then have evidence of this too, if your questionnaire and supporting documentation is misplaced by the Health Assessment Advisory Service Centre.
It is then just a waiting game to be notified, if you need to attend a face to face assessment and what date, or if they have enough information to make a paper based decision (this is rare).
What to expect with a face to face assessment.
Firstly we always highly recommend to take someone with you, either a family member, friend, support worker etc. Even if it’s just for support and a familiar face.
When you attend your work capability assessment you will need to take ID to prove who you are (your appointment letter confirms acceptable ID).
When called in the assessor will introduce them self and allow you to make yourself as comfortable as possible first, before proceeding.
The WCA is for the assessor to engage and fully understand why you have limited capability for work, through asking a list of questions, relevant claim and what you have disclosed on your UC50 questionnaire.
This is usually followed by a physical examination, if this is also relevant to the reason you have claimed. If at any time this causes you pain or discomfort tell the assessor and he/she will stop immediately, don’t just push through.
There is no rush to complete the assessment, so just go at the pace that is comfortable for you. If the assessor is going too fast, you need them to repeat a question, or you remember some important information later, simply tell the assessor to slow down, repeat what he/she has said, or that you would like to add more information. It is your assessment so speak up, or ask the person with you to do so on your behalf.
The questions and physical examination are not designed to catch you out. Its simply for the assessor to fully understand why you have limited capability for work and what impact your symptoms have on day to day basis to complete and manage activities.
Your answers are all scored against the WCA guidelines, so if you meet either the LCW descriptors or LCWRA descriptors, then this is the recommendation he/she will put forward.
What happens after the WCA.
The assessor will put forward their recommendation to your assigned decision maker, whom will then take this into consideration, along with your UC50 questionnaire and supporting medical evidence.
They will then review all the information provided against the LCW and LCWRA descriptors and make a decision.
The decision maker can either decide you have LCW, LCWRA or deem you fit for work.
How long it takes for you to receive a decision varies from area to area, and also depends on the decision makers work load. Some members from our Facebook group have only waited two weeks, whereas others a couple of months. The advisory guidelines is six to eight weeks.
I’ve received my decision on my journal what does it mean.
Limited capability for work (LCW)
If you have been awarded LCW (limited capability for work), this is otherwise know as the work preparation group.
This means you will not be expected to look for work immediately, but when you and your work coach feel you are ready, they will support you in taking steps to do this.
This could include creating a CV, training courses etc. There are no additional payments when awarded LCW, but all the above rules still apply.
You will only receive an additional payment of £126.11 each month, if you were awarded LCW before 3rd April 2017, either through UC or were previously on ESA so transitional protection was applied.
When you do return to work you there are no restrictions on how many hours you can do. You will also be given the work allowance, before the 63p per £1 deduction.
Just be mindful the work you undertake does not contradict the reason you claimed.
Limited Capability for work and work related activity
If you have been awarded LCWRA (limited capability for work and work related activity), this is the no work group. This means you will not be required to look for work.
This element will be added to your UC monthly statement with an additional £336.20 on top of your current payment.
If this is a new claim there is a 3 full month waiting period, before payments begin.
If you are owed back payments this will only date back to your 4th payment from the first date of submitting fit notes.
If your already partly way through an assessment period for UC when submitting your first fit note, unfortunately you cannot include this month, for the waiting period.
Permitted work does not exist on UC (that was on ESA) but you can work and there is no restriction on hours. You will also be given the work allowance, before the 63p per £1 deduction.
Just be mindful the work you undertake does not contradict the reason you claimed.
Fit for work
If you have been found fit for work, all commitments will apply and you will be expected to look for work.
If however you disagree with the decision maker’s outcome, you have the right to request a mandatory reconsideration. Or failing this your claim to be heard by an independent tribunal.
If you have a medical condition or a disability that affects your ability to work, you maybe eligible to apply for a work capability assessment to determine if you have LCW (limited capability for work) or LCWRA (limited capability for work and related activity).
Before applying review the LCW and LCWRA descriptors to see if you meet the requirements for either element.
To be awarded for LCW you need to score 15 points.
LCW Descriptors.
https://www.legislation.gov.uk/uksi/2013/376/schedule/6/made
To be awarded LCWRA you need to meet LCW as above, plus any one of the LCWRA descriptors.
LCWRA Descriptors.
https://www.legislation.gov.uk/uksi/2013/376/schedule/7/made
To be referred for work capability assessment you must either not be working, or be earning under 16 hours the national minimum wage per week.
However if you are in receipt of PIP or DLA you are exempt from the earnings rule.
Reporting a medical condition and/or disability
On the first day of reporting a condition or disability you prompted to start submitting fit notes. These are usually issued by your GP and must be reported on your online journal.
You are then usually requested to be seen by your work coach, so that you can provide this in person.
From day 29 of submitting fit notes you can then be referred for a work capability assessment. Until you have been through this full process and instructed through your online journal otherwise, you will need to continue submitting fit notes until awarded LCW or LCWRA.
Whilst waiting for the 29 days to lapse, this is an ideal time to gather any medical evidence that will support your claim (GP, Consultant’s letters, other medical professional letters, referral letter’s etc). Usually the last 12 months is advisable, unless older documentation is relevant to your current claim and diagnoses.
Please consider that the decision maker is highly unlikely to read through 500 pages of medical evidence.
If you can request for your GP to provide a letter outlining your conditions, disabilities and medications this would be ideal, so that any important information is not overlooked. Then you will only need to include key consultant and medical professional letters, to support your claim further.
When you are referred for a WCA what to expect next.
Once your case manager has referred you for a WCA, you will receive a journal entry requesting your GP details. Once you have completed this, shortly after you will receive a copy of the UC50 questionnaire form in the post to fill in.
It has been brought to our attention that once the 29 days has lapsed from the first day of submitting continuous fit notes, some claimants are not being referred for a WCA. If this happens after 31 days of submitting fit notes, simply give UC helpline a call on 0800 328 5644 and request a UC50 questionnaire form.
If you require the questionnaire in Braille, large print, audio or in Welsh, call the UC helpline on 0800 328 5644, to request an alternative format.
How to complete UC50 questionnaire form.
You can fill in the UC50 form by yourself or with the help of a friend or relative or if you prefer to get a local organisation to help then that is allowed. The form may be long but it is not intended to trick you.
You will begin by completing all your personal details, medical professionals details, medical conditions/disabilities, hospital treatments/upcoming treatments and finally the key part explaining why you have ‘limited capability for work’.
When completing the limited capability for work sections, it is important to remember to not simply focus on your conditions, as this is often the reason why claimants fail to be awarded. It is about explaining what the impact of your symptoms have on you managing and completing daily activities before, during and after.
If you are on any medication what are the side effects of these and how do they affect you, completing and managing daily activities as well. You can also use the LCW and LCWRA descriptors as a guide to help you complete the questionnaire.
The letter enclosed with the questionnaire will give you a completion date. If however you require more time, as long as you can show good reason, the health assessment centre will usually agree to an extension. The UC50 questionnaire form includes a page to explain reason for lateness. You can also call the Health Assessment Advisory Service on 0800 288 8777 if more time is required.
Once completed we always recommend to send first class signed for so that you have proof of postage and can track, to ensure your UC50 questionnaire and supporting medical evidence has been received. You also then have evidence of this too, if your questionnaire and supporting documentation is misplaced by the Health Assessment Advisory Service Centre.
It is then just a waiting game to be notified, if you need to attend a face to face assessment and what date, or if they have enough information to make a paper based decision (this is rare).
What to expect with a face to face assessment.
Firstly we always highly recommend to take someone with you, either a family member, friend, support worker etc. Even if it’s just for support and a familiar face.
When you attend your work capability assessment you will need to take ID to prove who you are (your appointment letter confirms acceptable ID).
When called in the assessor will introduce them self and allow you to make yourself as comfortable as possible first, before proceeding.
The WCA is for the assessor to engage and fully understand why you have limited capability for work, through asking a list of questions, relevant claim and what you have disclosed on your UC50 questionnaire.
This is usually followed by a physical examination, if this is also relevant to the reason you have claimed. If at any time this causes you pain or discomfort tell the assessor and he/she will stop immediately, don’t just push through.
There is no rush to complete the assessment, so just go at the pace that is comfortable for you. If the assessor is going too fast, you need them to repeat a question, or you remember some important information later, simply tell the assessor to slow down, repeat what he/she has said, or that you would like to add more information. It is your assessment so speak up, or ask the person with you to do so on your behalf.
The questions and physical examination are not designed to catch you out. Its simply for the assessor to fully understand why you have limited capability for work and what impact your symptoms have on day to day basis to complete and manage activities.
Your answers are all scored against the WCA guidelines, so if you meet either the LCW descriptors or LCWRA descriptors, then this is the recommendation he/she will put forward.
What happens after the WCA.
The assessor will put forward their recommendation to your assigned decision maker, whom will then take this into consideration, along with your UC50 questionnaire and supporting medical evidence.
They will then review all the information provided against the LCW and LCWRA descriptors and make a decision.
The decision maker can either decide you have LCW, LCWRA or deem you fit for work.
How long it takes for you to receive a decision varies from area to area, and also depends on the decision makers work load. Some members from our Facebook group have only waited two weeks, whereas others a couple of months. The advisory guidelines is six to eight weeks.
I’ve received my decision on my journal what does it mean.
Limited capability for work (LCW)
If you have been awarded LCW (limited capability for work), this is otherwise know as the work preparation group.
This means you will not be expected to look for work immediately, but when you and your work coach feel you are ready, they will support you in taking steps to do this.
This could include creating a CV, training courses etc. There are no additional payments when awarded LCW, but all the above rules still apply.
You will only receive an additional payment of £126.11 each month, if you were awarded LCW before 3rd April 2017, either through UC or were previously on ESA so transitional protection was applied.
When you do return to work you there are no restrictions on how many hours you can do. You will also be given the work allowance, before the 63p per £1 deduction.
Just be mindful the work you undertake does not contradict the reason you claimed.
Limited Capability for work and work related activity
If you have been awarded LCWRA (limited capability for work and work related activity), this is the no work group. This means you will not be required to look for work.
This element will be added to your UC monthly statement with an additional £336.20 on top of your current payment.
If this is a new claim there is a 3 full month waiting period, before payments begin.
If you are owed back payments this will only date back to your 4th payment from the first date of submitting fit notes.
If your already partly way through an assessment period for UC when submitting your first fit note, unfortunately you cannot include this month, for the waiting period.
Permitted work does not exist on UC (that was on ESA) but you can work and there is no restriction on hours. You will also be given the work allowance, before the 63p per £1 deduction.
Just be mindful the work you undertake does not contradict the reason you claimed.
Fit for work
If you have been found fit for work, all commitments will apply and you will be expected to look for work.
If however you disagree with the decision maker’s outcome, you have the right to request a mandatory reconsideration. Or failing this your claim to be heard by an independent tribunal.
