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Hi, my name is LisaR68! What is limited capability for work element and how is it paid?

LisaR68

Hi can anyone please explain what is Limited capability for work element is and how its paid?
My husband is off work and not capable of work. We have sent 2 fit notes to universal credit so far...so far nothing...I'm working more hours to keep us above water but for how long I don't know as its affecting me now these extra hours...
I really don't know which way to go no one helps you or advisers you..
Please help...

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poppy123456

First he will need to have a work capability assessment. Has he been referred for this yet and received the UC50 form?
Most people have assessments (unless he automatically qualifies) which will be either by telephone, video call or face to face at an assessment centre. Waiting times for these can be several months depend on backlogs in your area.

If he’s found to have limited capability for work related activity (LCWRA) then he will receive an extra £354.28 per month from the 4th month after he first reported his health condition.

You can see the descriptors here for LCWRA https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

If he’s found to have limited capability for work then there’s no extra money each month.

If you don’t have children on your claim the you won’t currently have the work allowance but if found to have either LCW/LCWRA then you will have the work allowance. This means that a certain amount of earnings each month will be ignored before the deductions apply. See link https://www.gov.uk/government/publications/universal-credit-work-allowances/universal-credit-work-allowances

LisaR68

Thank you Poppy..
Would you know if this is back dated? We started to send fit notes 2 months ago hrs due another in 2 weeks..
And what is work allowance? Also I work will this affect his LCWRA element? Thank you sorry for so many questions 😳😊

poppy123456

If he's found to have LCWRA there's a 3 full month waiting period before the extr amoney is paid. It's not paid at all during this time. The extra money is paid from the 4 month. If it takes longer than this then you will receive any money that's owed.

The work allowance is an amount of money that is disregarded before the 55% deductions apply. If you currently have children on your UC claim then you will already have this. Please read the link i posted above about work allowance.

You working will not affect the LCWRA if he's found to have this.

Does he currently claim either PIP or DLA?

LisaR68

Hi
I've messed everything up I thought you had to claim each benefit one by one..so universal credit then esa then pip etc...I've wasted 8 weeks when we could have claimed everything at once..🤦‍♀️ Monday we ring and start pip claim..
We don't have children at home..
Just wondered if my wages affect anything we claim..
Thank you so much for your help 😊

poppy123456

PIP isn't part of UC and it's not means tested so earnings/savings/capital do not affect the amount he maybe entitled to. A successful claim for this could potentially take about 10 months. See link for descriptors. https://pipinfo.net/

The only ESA that's possible to claim now is New style ESA and to claim this your husband must have paid the correct amount of NI contributions from working in tax years April 2019 to March 2021. There's no financial gain to claiming this and UC at the same time because the ESA is just deducted in full from any UC entitlement. However, if he's entitled then it will be worth him claiming it because it's not means tested, which could be useful in the future. https://www.gov.uk/guidance/new-style-employment-and-support-allowance

LisaR68 said:

Just wondered if my wages affect anything we claim..

Yes, your earnings received each month will at the moment reduce your UC by 55%. Once a decision's been made on his work capability assessment if he's found to have either LCWRA or LCW then you'll be entitled to the work allowance as explained here.

poppy123456 said:

This means that a certain amount of earnings each month will be ignored before the deductions apply.

If you claim for help with the rent the WA is £344 per month, if you don't then it's £573 per month. Any earnings received over this will reduce your UC by 55%. (see link above)

He needs to make sure he continues to send in those fit notes until a decision's been made on the work capability assessment.

Please do have a read of all the links i posted.

LisaR68

Thank you so much again..
Yes I've been reading all links starting to make sense thank you..
No he's not entitled to ESA as he didn't pay any NI as he was self employed (worked on construction)
So now crossing fingers on the other benefits so then I can go back to my 40hrs week and not 50/60 as I'm doing at moment...😔
Thank you

poppy123456

LisaR68 said:

No he's not entitled to ESA as he didn't pay any NI as he was self employed (worked on construction)

If he paid class 2 NI contributions and worked in the 2 years advised above then he can claim the ESA.

If he successfully claims PIP daily living part then you'll be able to claim carers element of UC for looking after him. This will also increase your UC by a further £168.81/month.