Limited Capability for Work-Related Activity (LCWRA) group
The UC Limited Capability for Work-Related Activity (LCWRA) group of Universal Credit (UC) is for claimants who the DWP consider to have such severe health problems that there is no current prospect of their being able to undertake work or work-related activities. The LCWRA group is the UC equivalent of the ESA Support Group.
There are no conditions that automatically qualify you for LCWRA, although certain types of cancer treatment and issues relating to pregnancy may mean you qualify. Instead, there are 5 possible ways of being found to have Limited Capability for Work-Related Activity.
1. You are terminally ill, i.e. you are suffering from a progressive disease and your death in consequence of that disease can reasonably be expected within 6 months
2. You are receiving treatment for cancer by way of chemotherapy or radiotherapy
For this to apply you must either be actually receiving it, or:
you are likely to receive such treatment within 6 months; or
you are recovering from such treatment;
and the decision maker is satisfied that you should be treated as having limited capability for work-related activity.
3. You are pregnant
There must be a serious risk of damage to your health or to the health of your unborn child if you do not refrain from work-related activity.
4. There is a substantial risk to you, or others, if you are found not to have a limited capability for work-related activity. You will be treated as having limited capability for work-related activities if:
‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement; there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity'
This is an increasingly important route into the LCWRA group, but not one the DWP are quick to apply. We devote several pages to Reg 35 in our members only guide to Employment & Support Allowance and Universal Credit Claims On Physical & Mental Health Grounds
5. One of a number of LCWRA group descriptors applies to you. Many of these descriptors are the highest scoring ones from the limited capability for work assessment. You can see a list of these below.
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally, or could reasonably, be worn or used.
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
2. Transferring from one seated position to another.
Cannot move between one seated position and another seated position 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.
4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).
Cannot pick up and move a 0.5 litre carton full of liquid.
5. Manual dexterity.
Cannot press a button(such as a telephone keypad) with either hand or; cannot turn the pages of a book with either hand.
6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used unaided by another person.
Cannot convey a simple message, such as the presence of a hazard.
7. Understanding communication by—
(a) verbal means (such as hearing or lip reading) alone;
(b) non-verbal means (such as reading 16-point print or Braille) alone; or
(c) a combination of (a) and (b), using any aid that is normally, or could reasonably be, used unaided by another person.
Cannot understand a simple message, due to sensory impairment, such as the location of a fire escape.
8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.
At least once a week experiences
(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or
(ii) substantial leakage of the contents of a collecting device, sufficient to require cleaning and a change in clothing.
9. Learning tasks.
Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.
10. Awareness of hazard
Reduced awareness of everyday hazards, due to cognitive or mental disorder, leads to a significant risk of:
(i) injury to self or others; or
(ii) damage to property or possessions,
such that the claimant require supervision for the majority of the time to maintain safety.
11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
12. Coping with change.
Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day-to-day life cannot be managed.
13. Coping with social engagement, due to cognitive impairment or mental disorder.
Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant.
14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.
15. Conveying food or drink to the mouth.
(a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;
(b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving:
(i) physical assistance from someone else; or
(ii) regular prompting given by someone else in the claimant’s presence.
16. Chewing or swallowing food or drink.
(a) Cannot chew or swallow food or drink;
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or
(d) Owing to a severe disorder of mood or behaviour, fails to—
(i) chew or swallow food or drink; or
(ii) chew or swallow food or drink without regular prompting given by someone else in the claimant’s presence.