Universal Credit - LCW - Tribunal case law?

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janer1967

@louangel311 Hello and welcome to the community, I am a community champion here. I' sorry I am unable to advise on your specific question, I have been through a UC WCA tribunal but I don't know what regulations are used to make decisions. I'm sure someone on here will be able to advise you. I wish you luck with your assessment and hopefully it wont come to tribunal. 

poppy123456

HI and welcome,

The WCA for UC is the exactly the same as it was for ESA. Just so that others are not confused the PIP assessment is not a work capability assessment.

See here for the descriptors for both LCW and LCWRA for UC. https://www.turn2us.org.uk/Your-Situation/Ill-Injured-or-Disabled/Universal-Credit-Capability-for-work-assessment

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poppy123456

I don't know anything about case law, sorry. Although this will only apply at a Tribunal and as it's the assessment process at the moment, i'd advise you to concentrate on which group you think you should be placed into and your reasons why. I know you said you've always had to take it to Tribunal but this time could be different.

Good luck.

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poppy123456

You're welcome. I totally understand how difficult it is to put your last WCA assessments to the back of your mind. Concentrating on this one and you'll have a better chance this time. Please also remember that the PIP assessments are not WCA.

Do you know the reason why you were placed into the group you're in now? if that reason or reasons still apply then concentrate on those.

When i last had a WCA i knew i'd previously been placed into the Support Group through the mobilising descriptor so this is what i concentrated on. As it includes using a self propel wheelchair as well then i made sure i covered the reasons why i can't self propel as well at the reasons why i'm unable to walk the required distance unaided. I gave real life examples too, which really helped me. I was kept in the group for exactly the same reason as always.

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poppy123456

You're welcome,

Thanks for explaining that. It maybe that substantial risk applies to you, as most people with mental health qualify under this. Unless you scored points in other descriptors for LCW, which is also possible.

Anyway, good luck this time and i hope that once a decision is made, it's the correct one this time.

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Joanne_Alumni

Hi @louangel311,

You are right that there is very little case law at the moment but there is some on the RevenuesBenefits website if you want to have a read through it.
As you have a legal background you may find it useful to look at the guidance for HCP's who are carrying out the WCA. 
I hope you don't need it but if you have to go to appeal there is some useful information in there and links to the regulations.

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poppy123456

This maybe what you're looking for https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777221/wca-handbook.pdf

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poppy123456

You're very welcome.

Joanne_Alumni

@louangel311,
Sorry, I should have put the link in!
Thanks @poppy123456