Chapter F5: Work capability elements
ContentsWhen is a work capability element included
| F5001: | Introduction |
| F5010: | Joint claimants |
| F5015: | Run on after death |
| F5020: | Claimant qualifies for carer element |
| F5030: | Relevant period |
| F5032: | Claimant entitled to ESA |
| F5033: | Claimant subject to work search requirement |
| F5040: | Claimant previously entitled to UC - element in payment |
| F5045: | Claimant previously entitled to UC - relevant period did not end |
| F5050: | Claimant is terminally ill |
| F5051: | Claimant entitled to ESA |
| F5060: | Claimant entitled to LCW element |
| F5070: | Claimant not entitled during relevant period |
| F5075: | Amounts |
Chapter F5: Work capability elements
When is a work capability element includedF5001 Introduction « F5040 « F5050
An award of UC includes a work capability element where the claimant has1. LCW
or
2. LCWRA (1).
But see F5020 et seq for when the element is not included.
Note: See ADM Chapters G2 and G3 for guidance on when a claimant has LCW or
LCWRA (2).
1 WR Act 12, s 12(1) & (2)(a) & (b); UC Regs, reg 23(2)(a) & 27(1);
2 WR Act 12, s 12(4)(b); UC Regs, reg 27(3)
F5002
The work capability elements are known as the1. LCW element where the claimant has LCW (1) and
2. LCWRA element where the claimant has LCWRA (2).
1 UC Regs, reg 27(1)(a); 2 reg 27(1)(b)
[F5003-F5009]
F5010 Joint claimants « F5023
Where joint claimants (1) both have LCW or LCWRA, only one element is awarded,whichever is the higher (2).
1 WR Act 12, s 40; 2 s 12(3); UC Regs reg 27(4)
Example 1
Fred and Ginger are entitled to UC. Fred has LCW, so their award of UC includesthe LCW element. Their assessment period begins on the 20th. Ginger provides
medical evidence on 26.11.14 that her health condition has deteriorated after a
stroke. Following application of the WCA, the DM determines that Ginger has
LCWRA. The LCWRA element is payable instead of the LCW element from 20.2.15.
Example
2
Debbie is entitled to UC, including the LCWRA element. She is joined by her partner Carrie, who is entitled to ESA including the WRAC. Debbie and Carrie cannot be
awarded the LCW element even though Carrie has LCW.
[F5011-F5014]
F5015 Run on after death
Where1. joint claimants are entitled to UC and
2. the award of UC includes a work capability element for one member of the
couple and
3. that member of the couple dies
the award of UC, including the work capability element, remains in payment as if the
person had not died for the assessment period in which the person dies and the
following two assessment periods (1).
1 UC Regs, reg 37(a)
Example
1
Danny and Carmel are entitled to UC. Their award includes the LCWRA element as Danny is terminally ill. Their assessment period begins on the 19th of the month. On
19.11.14 Danny dies. Carmel remains entitled to UC. Her award continues to include
the LCWRA element until 18.2.15, after which she will be required to claim UC as a
single claimant.
Example
2
Nadine and George are entitled to UC. Their assessment period begins on the 15th of the month. On 5.5.15 Nadine supplies medical evidence of a deterioration in her
health following a mild stroke, and she is referred for a WCA. The DM determines
that Nadine has LCW. The relevant period before the LCW element is to be included
in her award is due to end on 4.8.15.
Nadine has a further stroke and dies on 22.8.15. George's UC award includes the
LCW element for the assessment periods beginning on 15.9.15 and 15.10.15, after
which he will be required to claim UC as a single claimant.
[F5016-F5019]
When is a work capability element not includedF5020 Claimant qualifies for carer element « F5001 « F5023
Where the claimant satisfies the conditions for1. the carer element and
2. the LCW or LCWRA element
only one of those elements can be included in the UC award for that claimant (1) - see F5021 - F5023. See ADM Chapter F6 for guidance on the conditions for including
the carer element in an award of UC.
1 UC Regs, reg 29(4)
F5021 « F5020
If the claimant satisfies the conditions for1. the carer element and
2. the LCWRA element
only the LCWRA element is included (1).
1 UC Regs, reg 29(4)(a)
Example
Francine is entitled to UC. Francine has LCWRA, and also cares for her severelydisabled father Milo. Francine's UC award includes the LCWRA element, but not the
carer element.
F5022
If the claimant satisfies the conditions for1. the carer element and
2. the LCW element
only the carer element is included (1).
1 UC Regs, reg 29(4)(b)
Example
Aimee is entitled to UC. She has LCW, and also cares for her severely disableddaughter Jade. Aimee's UC award includes the carer element, and does not include
the LCW element.
F5023 « F5020
Where joint claimants satisfy the conditions for the carer element and a workcapability element, F5020 does not apply. But see F5010 where joint claimants both
have LCW or LCWRA.
Example
1
Paul and Maggie are entitled to UC. Paul has LCWRA, and Maggie cares for their disabled son George. Paul and Maggie's UC award includes the LCWRA element
and the carer element.
Example 2
Anton and Beth are entitled to UC. Anton has LCWRA, and Beth has LCW. Bethalso cares for her severely disabled father. Anton and Beth's UC award includes the
LCWRA element and the carer element.
[F5024-F5029]
F5030 Relevant period « F5040 « F5050 « F5051 « F5060
A work capability element is not included in an award of UC until the first day of theassessment period following the assessment period in which the relevant period
ends (1). But see F5040 et seq for exceptions to this rule.
1 UC Regs, reg 28(1)
F5031 « F5033 « F5045 « F5052
The relevant period is three months beginning (1)1. in relevant threshold cases (2) (where the claimant has weekly earnings at or
above the relevant threshold and is entitled to DLA or PIP), on
1.1 the first day of the award of UC or
1.2 if later, the date on which the claimant applies for a work capability
element to be included in the award or
2. in any other case (3), on the first day on which the claimant provides medical
evidence of LCW (4).
Note: See ADM Chapter G1 (Work capability assessment) for guidance on relevant
threshold cases.
1 UC Regs, reg 28(2); 2 reg 28(2)(a) & 41(3); 3 reg 28(2)(b); 4 SS (Med Ev) Regs
Example
Petra has been entitled to UC since 11.11.13 after being made redundant. Herassessment period begins on the 11th of every month. She is admitted to hospital on
27.11.13 for emergency surgery, and is discharged on 28.1.14. On 30.1.14 Petra
sends in a hospital doctor's statement signed on the date of discharge, which states
that she is not fit for work from 27.11.13 for at least three months. Petra continues
sending in further doctor's statements. The relevant period begins on 30.1.14, and
ends on 29.4.14. This falls in the assessment period beginning on 11.4.14.
Petra is treated as having LCW while she continues to recover from the surgery. The
LCW element is included in her UC award from 11.5.14.
F5032 Claimant entitled to ESA
DMs should note that the claimant may have provided medical evidence for thepurposes of a claim for ESA. See F5051 for guidance on the relevant period where
the claimant is entitled to a component for the purposes of ESA.
F5033 Claimant subject to work search requirement
A claimant may provide evidence that they are not fit for work, including medicalevidence, for a period of up to 14 days (1). During that period
1. a work search requirement
1.1 is not imposed or
1.2 does not have effect and
2. the claimant
also does not have to be able and willing to immediately take up
work or attend an interview (2).
See ADM Chapter J3 (Work-related requirements) for detailed guidance. The
relevant period in F5031 does not begin if a determination about LCW or LCWRA is
not required.
F5034
Where medical evidence is provided, the DM should clarify whether the claimant is1. applying for a work capability element to be included in their UC award or
2. exempt from the work search requirement for a limited period.
1 UC Regs, reg 99(4)(b); 2 reg 99(1) & (2)
[F5035-F5039]
Relevant period - ExceptionsF5040 Claimant previously entitled to UC - element in payment « F5030
The guidance at F5030 does not apply where (1)1. the claimant was previously entitled to an award of UC which included the
LCW or LCWRA element and
2. the claimant's previous award of UC terminated (2)
2.1 immediately before the current award of UC, because the claimant
2.1.a
ceased to be or
2.1.b became a member of a couple or
2.2 within six months of the current award, because the claimant or joint
claimants no longer met the income financial conditions (3).
This means that, if the conditions for including a work capability element in F5001
are satisfied, it can be paid from the first day of entitlement to UC.
1 UC Regs, reg 28(3)(a); 2 reg 28(4); 3 WR Act 12, s 5(1)(b) or (2)(b)
Example
Bill and Eileen are entitled to UC including the LCW element for Eileen who hasLCW. Bill and Eileen's assessment period begins on the 26th of every month. On
9.9.14 Bill leaves the benefit unit, and Eileen notifies DWP. Eileen claims UC for
herself. Her award includes the LCW element from 26.8.14, the date her UC award
begins.
[F5041-F5044]
F5045 Claimant previously entitled to UC - relevant period did not end
Where1. the claimant was previously entitled to an award of UC and
2. the claimant's previous award of UC terminated (1)
2.1 immediately before the current award of UC, because the claimant
2.1.a
ceased to be or
2.1.b became
a member of a couple or
2.2 within six months before the current award began, because the
claimant or joint claimants no longer met the income financial
conditions (2) and
3. a relevant period as in F5031 had begun, but had not ended before the
previous award ended
the relevant period for the current award ends on the date it would have ended in
relation to the previous award (3).
Note: See ADM Chapters H3 - H4 for guidance on the income financial conditions.
See ADM Chapter A2 (Claims) for guidance on where the claimant or joint claimant
makes a claim as in 2.2.
1 UC Regs, reg 28(4); 2 WR Act 12, s 5(1)(b) or (2)(b);
3 UC Regs, reg 28(3)(b); UC, PIP, JSA & ESA (C&P) Regs, reg 6
Example
1
Karina claimed UC on 16.12.13, and provided medical evidence on the same date. She is awarded UC. On 21.1.14 she moves in with her partner Henry, who is already
entitled to UC. His assessment period begins on the 14th of the month. Karina's
award of UC is terminated from 16.1.14. Henry and Karina are entitled to UC as joint
claimants from 14.1.14. The relevant period ends on 15.3.14. Following application
of the WCA, the DM determines that Karina has LCW. Henry and Karina's award of
UC includes the LCW element from 14.4.14.
Example 2
Mack claims UC and provides medical certificates from 18.2.14. The relevant periodis due to end on 17.5.14. He is referred for the WCA. Before the relevant period
ends, Mack returns to work from 7.4.14. His earnings exceed the income limit and
his award of UC is terminated. He notifies us on 15.9.14 that the job ended on
12.9.14, and again provides medical evidence. If Mack is found to have LCW or
LCWRA, he does not have to serve a relevant period before the LCW or LCWRA
element is included in his award of UC from 18.8.14, the first day of the assessment
period for the new award.
[F5046-F5049]
F5050 Claimant is terminally ill
The guidance at F5030 does not apply where the claimant is terminally ill (1). Aclaimant is terminally ill where they are suffering from a progressive disease where,
as a result, death can reasonably be expected within six months (2). This means that, if
the conditions in F5001 are satisfied, the LCWRA element can be paid from
1. in the case of a decision on a claim, or where a decision awarding UC is
revised (3), the first day of entitlement to UC or
2. in the case where a decision awarding UC is superseded, the first day of the
assessment period in which
2.1 the application for supersession is made or
2.2 the DM made the decision on their own intiative (4).
See ADM Chapter A2 for guidance on claims, Chapter A3 for guidance on revision,
and Chapter A4 for guidance on supersession.
1 UC Regs 28(5)(a); 2 reg 2; 3 UC, PIP, JSA & ESA (D&A) Regs, reg 5; 4 reg 26 & 35(9)(b)
F5051 Claimant entitled to ESA « F5032
The guidance at F5030 does not apply where (1) the claimant1. is entitled to ESA including the WRAC or support component (2) or
2. was entitled to ESA including the WRAC on the day before the award of UC
began, and the ESA award has terminated due to entitlement exceeding the
relevant maximum number of days (3).
This includes where entitlement to the ESA component is awarded retrospectively to
a date before the UC award begins. See ADM Chapter V1 for guidance on ESA and
entitlement to components.
1 UC Regs, reg 28(5)(b); 2 WR Act 07, s 2(2) & (3); 3 s 1A
Example 1
Floyd is entitled to ESA including the WRAC. His award ends on 15.5.14 as he hasbeen entitled for 365 days. He remains entitled to NI credits on the grounds that he
has LCW. Floyd claims UC from 16.5.14. He is entitled to the LCW element from
16.5.14.
Example
2
Louise has been entitled to ESA since 4.5.14, and claims UC on 12.8.14. At the date of her UC claim, the DM has not yet determined whether Louise has, or is treated as
having, LCW. After application of the WCA, the DM determines that Louise does not
have LCW, and terminates the ESA award from 24.9.14. Louise appeals against the
ESA decision.
On 27.11.14 the FtT allows Louise's appeal, and awards her the WRAC from
10.8.14. The DM revises the UC award to include the LCW element from 12.8.14.
F5052
Where entitlement to the ESA component begins after the award of UC, the claimantmust serve the relevant period as in F5031 before the work capability element can
be included in the UC award.
Example
Noel claims ESA from 18.8.14 on 10.9.14. He claims UC on 15.9.14. As he hasalready supplied medical evidence for his ESA claim, the relevant period begins on
15.9.14, and ends on 14.12.14.
Following application of the WCA, on 26.2.15 the DM determines that Noel has
LCW, and the decision awarding ESA is superseded to include the WRAC from
17.11.14. The LCW element is included in his award of UC from 15.1.15, the first
day of the assessment period after the assessment period in which the relevant
period ended.
[F5053-F5059]
F5060 Claimant entitled to LCW element
Where1. the claimant's award of UC already includes the LCW element and
2. it is determined that the claimant has LCWRA
the claimant can be awarded the LCWRA element without serving a further relevant
period (1). The guidance at F5030 does not apply.
1 UC Regs, reg 28(6)
Example
Ari is entitled to UC, including the LCW element. His assessment period begins onthe 16th of every month. Following a routine repeat WCA, on 18.11.14 the DM
determines that Ari's health condition has deteriorated, and he now has LCWRA.
The decision awarding UC is superseded to remove the LCW element, and replace
it with the LCWRA element from 16.11.14.
[F5061-F5069]
F5070 Claimant not entitled during relevant period
Where a claimant or joint claimants would satisfy the income financial condition (1) if itwere not for the requirement to serve a relevant period, the claimant's or joint
claimants' income during the relevant period is treated as if it were an amount that
allows the claimant or joint claimants to be entitled to the prescribed minimum
amount of one penny (2). See ADM Chapter E1 for guidance on when the prescribed
minimum amount applies.
1 WR Act 12, s 5(1)(b) or (2)(b); 2 UC Regs, reg 17 & 28(7)
Example
Julian and Adele claim UC on 2.6.14, and Adele sends in doctor's statements. Julianworks part-time for 20 hours a week earning £536.46 a month. UC entitlement
would be £489.06, so Julian's earnings mean that the income financial condition is
not satisfied. The DM makes a determination that Adele has LCW. If the LCW
element was in payment, Julian and Adele would be entitled to UC of £612.68 before
taking income into account. The DM treats Julian and Adele as entitled to UC of 1p
during the relevant period, and then awards UC including the LCW element from the
next assessment period.
[F5071-F5074]
F5075 Amounts
[See ADM memo ADM 5 14] From 29.4.14, the monthly amount of the1. LCW element is £123.62
2. LCWRA element is £303.661.
1 UC Regs, reg 36(3)