Applying for UC to trigger WCA while working

Hi all,

I have a client who is 18 years old. She has Autism and also suffers from anxiety and depression. She is currently working 24 hrs a week so she would not receive any UC. I feel she could meet the criteria for LCW on UC. This would mean that she could earn up to the £684 work allowance before her UC is reduced. Can she apply for UC and submit fit notes to say that her conditions mean she needs reduced hours and suitable adjustments, even though she will be earning too much to receive anything, in order to trigger a WCA? Or would the UC claim be cancelled because she is earning too much?

Many thanks,

Welfare Benefits Caseworker

Hi fiona

" Eligibility criteria for a Work Capability Assessment referral
An employed claimant whose earnings are equal to, or exceed the monthly earnings
threshold may only be referred for a WCA if they are in receipt of one of the following:
• Disability Living Allowance (DLA)
• Scottish Adult Disability Living Allowance (SADLA) in Scotland
• Child Disability Payment (CDP) in Scotland
• Personal Independence Payment (PIP)
• Adult Disability Payment (ADP) in Scotland
• Armed Forces Independence Payment (AFIP)
• Attendance Allowance (AA) or Pension Age Disability Payment (PADP) in
Scotland
A claimant whose earnings are below the monthly earnings threshold can be referred
for a WCA whether or not they are in receipt of DLA, CDP or ADP (in Scotland), PIP,
AFIP or AA or Pension Age Disability Payment (PADP) in Scotland.
Earnings threshold
The monthly earnings threshold is calculated at 16 hours per week at the National
Minimum Wage multiplied by 52 and divided by 12"

data.parliament.uk/DepositedPapers/Files...t-Guidance_V18.0.pdf

David