Transfer from legacy benefits

​The rules for establishing entitlement to the limited capability for work (LCW) and limited capability for work and work-related activity (LCWRA) elements in universal credit when capability for work has already been assessed, or is being assessed, are set out in the Universal Credit (Transitional Provisions) Regulations 2014 (SI.No.1230/2014).

NB: See below for equivalent legislation in Northern Ireland.

Transitioning from old-style ESA (main phase)

Regulation 19 of SI.No.1230/2014

​Makes provision for the LCW or LCWRA elements to be applied to a universal credit award from the first assessment period where a person is moving from the main phase of ESA.

Transitioning from old-style ESA (assessment phase)

Regulation 20 of SI.No.1230/2014

Makes provision for the assessment period under universal credit to be adjusted to take into account any time already spent in the assessment period under ESA.

Transitioning from JSA following an extended period of sickness

Regulation 20A of SI.No.1230/2014

Makes provision for the assessment period under universal credit to be adjusted to take into account any time already spent in an extended period of sickness under JSA.

Transitioning from credits for LCW or LCWRA

Regulation 21 of SI.No.1230/2014

​Makes provision for the LCW or LCWRA elements to be applied to a universal credit award from the first assessment period or, where the person is still in the assessment phase, for the assessment period under universal credit to be adjusted to take any time spent there into account.

Transitioning from other incapacity benefits

Regulations 22 to 27 of SI.No.1230/2014

Make provision for the LCW or LCWRA elements to be applied to a universal credit award from the first assessment period where a person is moving from income support payable on grounds of incapacity for work or disability, or from other incapacity benefits or credits.

​In Northern Ireland, the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 make provision equivalent to that in Great Britain relating to assessing capability for work.

Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.

Advice for decision making

Chapter M6

Includes guidance on including the LCW or LCWRA element in a universal credit award when a person is transitioning from old style ESA, old style JSA, LCW credits or other incapacity benefits or credits.

DWP guidance from parliament.uk

Work Capability Assessments

Sets out guidance on including the LCW or LCWRA element in a universal credit award when the equivalent component was payable in an ESA claim immediately before the universal credit award.

We’re not aware of any case law relating to this issue.