Surrey Welfare Rights Unit

Claiming UC without a LCW/LCWRA assessment

If your child claims Universal Credit (UC) before they have a Limited Capability for Work or Limited Capability for Work-Related Activity (LCW/LCWRA) assessment the default is that they are expected to look for work for 35 hours a week and to be ready to take up work of up to 40 hours per week.  Clearly this is not reasonable for many people with health conditions and disabilities.  A job coach can apply what are sometimes called ‘easements’ to their claimant commitment to make it reasonable in light of their particular health conditions or disabilities.  Each local jobcentre plus has a disability employment adviser (DEA) who, as well as helping your child look for work if that is suitable, can agree a less onerous claimant commitment. Your child can ask to see a DEA at their local jobcentre.

In order for the job coach or DEA to agree a reasonable claimant commitment your child will need to provide evidence of their conditions and explain how this affects their ability to work.  They should also provide a  fit note Your GP should be happy to provide a fit note. If they are concerned explain the reason that you need it and that they can simply write your condition in the narrative box  from their GP, even if they are not ill, and ask for a  work capability assessmentWork Capability Assessmentthe process by which you are assessed for limited capability for work and limited capability for work-related activity .  This will usually be done through their journal.  The fit note is good evidence of their condition, and is necessary to start the process of a work capability assessment.  While your child is going through the work capability assessment process they may not be expected to take part in any work preparation or work seeking activities, particularly if they have explained the extent of their difficulties to the job coach or DEA.

Making the claim will need preparation as it is important that the DWP understands their particular circumstances so that the correct award and claimant commitment are put in place.  During the claiming process your child will also need to be able to verify their identity.  If they have a rent liability they will need documentary evidence of this. Even if they are not asked, they should provide UC with information on their Personal Independence Payment (PIP) award if they have one. If any problems are encountered seek advice.