Treated as having limited capabilty for work

The rules for treating a claimant as having limited capability for work (LCW) during the COVID-19 outbreak are set out in the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (SI.No.289/2020).

NB: See below for equivalent legislation in Northern Ireland.

Treated as having Limited capability for work (LCW)

Regulation 3 of SI.No.289/2020

​Includes provision for a person who, on or after 13 March 2020, claims or has an existing award of universal credit or employment and support allowance, to be treated as having limited capability for work where the Secretary of State is satisfied that it would be appropriate to do so because the person is affected by COVID-19.

SR.No.33/2020 makes provision in Northern Ireland equivalent to that in Great Britain in relation to rules for being treated as having LCW.

Further explanation of the policy change in response to the COVID-19 outbreak is set out in guidance.

Advice for decision making memo

ADM Memo 02/20

​Includes guidance on being treated as having LCW for universal credit under the coronavirus rules.

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