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.2 -
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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How to find out if your in substanial risk group ?? I did phone esa a while back and asked and the guy said he didnt know doesnt say on system also havent they tightened **** risk crietria lwcra ??
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Hello @Catherine21
No. They haven't tightened the criteria for substantial risk. It's unchanged.
The only way to find out if your ESA Support Group status was awarded under the substantial risk provisions is to phone the ESA helpline and ask for a copy of the report completed by a health professional when you underwent the WCA. It will be in the report. If awarded after a face to face assessment it will be an ESA85. It's an ESA85a if it was a paper based assessment.
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Oh thankyou so much so if was assessed soon it would be same many thanks for explaining was paper based
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Ps this is where we will lose protection when wca scrapped
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Those got abandoned.
Liz Kendall white paper stated no changes to the WCA as a result of the court case, but they will be reactivating reassessments for some LCWRA claimants starting 2026.2 -
@Catherine21
It sounds like you are saying that your ESA Support Group status was awarded without a face to face assessment? Is that right? If so, like I told you, the only way you can know whether or not you were awarded on the basis of substantial risk is to get hold of a copy of the health assessor's report. The information is within that report. Like I told you, you have to call the ESA Helpline and ask for a copy of your ESA85A to be sent to you. That's the only way you can know for certain whether or not your claim is a 'substantial risk' claim. It might not be. You may have met a 15 point descriptor on the basis of the medical evidence either you or your doctors provided. Until you see your report, you are simply speculating whether or not you are a substantial risk claim and maybe worrying yourself unnecessarily about being in the targeted group of those people who the DWP intend to reassess sooner for overdue WCAs.0
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