LCW and LCWRA are not benefits.
They are labels that get attached to a person after a Work Capability Assessment
And different labels lead to different consequences.
LCW stands for Limited Capability for Work
It means that you have a health problem or disability that puts barriers in the way of working.
LCW is usually assessed using a scoring system, though some people get an automatic pass.
You must have LCW to claim ESA.
If you are getting Universal Credit and you are labelled as having LCW, you can not be required to job-seek.
LCW does not mean that you cannot work – rather that you face barriers to working.
If you are working and getting Universal Credit, you get a better deal in relation to your wages (or your partner’s wages) if you have been labelled as having LCW.
LCWRA stands for Limited Capability For Work Related Activity
Many people who claim Universal Credit, who are not working, have to job-seek in return for the money.
Once you have the LCW label you cannot be required to job-seek, but you might be expected to do things to improve your future employability.
DWP calls these things Work Related Activity.
If your condition has severe effects, you do not have to do this Work Related Activity: And you get the LCWRA label.
The law of ESA and Universal Credit contains lists (see below) to say who should be labelled as having LCWRA.
If you get the LCWRA label:
- You get an extra bit called a support component in your ESA award – and it makes your ESA award indefinite
- You get an extra bit called an LCWRA-Element in your Universal Credit
- You are exempt from the benefit cap
You must have the LCW label before you can get the LCWRA label.
You should be assessed as having Limited Capability for Work Related Activity if you: |
Are terminally ill. |
Are pregnant, and there is a serious risk of damage to your health or the health of your unborn child |
Are receiving or recovering from radiotherapy or chemotherapy, or likely to receive it within 6 months. |
Are over Pension Age and you get AA, high rate DLA Care or enhanced rate PIP Daily Living. |
Cannot mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion. |
Cannot repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. |
Cannot move between one seated position and another seated position which are located next to one another without receiving physical assistance from another person. |
Cannot raise either arm as if to put something in the top pocket of a coat or jacket. |
Cannot pick up and move a 0.5 litre carton full of liquid. |
Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand. |
Cannot convey a simple message such as the presence of a hazard. |
Cannot understand a simply message, such as the location of a fire escape, due to sensory impairment. |
At least once a week experiences loss of control leading to extensive evacuation to the bowel and/or voiding of the bladder. |
At least once a week experiences substantial leakage of the contents of a collecting device sufficient to require the individual to clean themselves and change clothing. |
Cannot learn how to complete a simple task, such as setting an alarm clock, do to coginitive impairment or mental disorder. |
Reduced awareness of the risks of everyday hazards due to cognitive impairment or mental disorder, leads to a significant risk of injury to self or others; or damage to property or possessions, such that the claimant requires supervision for the majority of the time to maintain safety. |
Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions. |
Cannot cope with any change due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed. |
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant. |
Has on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. |
Cannot convey food or drink to your mouth without receiving physical assistance from someone else. |
Cannot convey food or drink to your mouth without repeatedly stopping or experiencing breathlessness or severe discomfort. |
Cannot convey food or drink to your mouth without receiving regular prompting given by someone else in the claimant’s presence. |
Owing to a severe disorder of mood or behaviour, fails to convey food or drink to your mouth without receiving physical assistance from someone else or regular prompting given by someone else in the claimant’s presence. |
Cannot chew or swallow food or drink. |
Cannot chew or swallow food or drink without repeatedly stopping or experiencing breathlessness or severe discomfort. |
Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the your presence |
Owing to a severe disorder of mood or behaviour, fails to chew or swallow food or drink; or fails to chew or swallow food or drink without regular prompting given by someone else in your presence. |
The Safety Net Rule |
Even if you do not come into this list you should be treated as having Limited Capability for Work Related Activity if you have an illness or disability that would cause a “substantial risk to the health of any person” if you were not put into the Support Group |