UNIVERSAL CREDIT SUBSTANTIAL RISK REQUIREMENT FOR LCWRA
I remember reading somewhere that the Government were looking on tightening up the Substantial Risk requirements in order to qualify for the LCWRA/support group. I'm not sure if these were in the proposals that were shelved in the Welfare Reform attempt earlier this year or if they are still planning on this. Does anyone know if they are still going ahead and if they are, what they are proposing?
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Thank you for your reply but those rules were written on 2023, which is why I questioned whether they had gone through or not, with this new Government and if this new Government had said what the restrictions would be
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The changing of substantial risk was scrapped by the current government. It remains as was - for the moment at least
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That is what I thought but wanted to make sure. Thank you!
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It also quotes 2025
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It quotes what will happen in 2025 in the future but I have had it confirmed now from a few sources that the proposed changes to Substantial Risk have been abandoned.
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Hi @axab43
Back in early 2025, as a result of a successful High Court challenge to the consultation on the WCA changes proposed by the last Tory government (including changes proposed to the substantial risk rules), Labour originally said they would re-consult on these changes.
See B&W link:Labour says it will re-consult on WCA changes
However, once the 'Pathways to Work' Green Paper was published in March 2025, and during Liz Kendall's speech when she was DWP Minister, she confirmed they would scrap these changes because they had been ruled as 'unlawful'.
In that speech, she said:
"The consultation on [political content removed] WCA proposals was ruled unlawful by the courts.So today I can announce we will not go ahead with their proposals.
Instead we will scrap the WCA in 2028"
So, there is no change to the substantial risk provisions for the WCA. They remain as they originally were and so any current or future assessments/re-assessments will apply the existing rules.From what I am reading on other forums, it looks like the government have an ambition to re-commence planned award reviews for the WCA from April 2026. In the first instance, they will tackle their backlog of short LCWRA awards for pregnancy risk, cancer etc. Thereafter, they will then tackle overdue 'substantial risk' claims. Bear in mind, this is an ambition. They still have a massive backlog of LCW deterioration cases and new claims to get through first and it appears they have a difficulty recruiting and retaining assessors.
Hope this clarifies.1 -
Thank you so much for that and the detail you provided. That was very helpful. Even if I am reassessed now, I feel much better about it know this. :)
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