UC50 form and substantial risk

Hi DrKiera

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work

2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

You will be found to have limited capability for work and work-related activity if:

* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.

To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.

The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).

* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity 

In order to qualify for the Support/LCWRA Group you need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

Are you able to get a supporting letters from your Dr/Psychiatrist, CPN, family, friends who know and support you.

If you have any further questions please come back to the forum.

Gary

Hi DrKiera

I'm sorry, but the only advice we can offer is what Gary has already suggested. You need to get a letter from your psychiatrist, your GP and any other medical professionals who can confirm that the whole process of you having to meet with work coaches causes a substantial risk to your health. You can obviously emphasise this yourself and submit any letters from friends or family who also know. And you can put in a request for them to do a paper-based assessment.

BIS

DrKiera

The requirements for UC are the same as ESA.

The specific requirement you are trying to meet is;

4. The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.

www.legislation.gov.uk/uksi/2013/376/schedule/9/made

So there must be

(1) an identified and specific illness, disease or disablement which is why you need a letter from your psychiatrist stating what this is.

(2) that illness, disease or disablement must be the reason why there is a substantial risk to the physical or mental health of any person and lastly,

(3) the restriction is in regard to LCW and LCWRA activities.

Item (3) is a slight change from ESA where only LCWRA is specified but as you are looking to be moved to the LCWRA group it is these criteria specifically that you need to meet. There is a list of LCWRA activities that the DWP consider relevant to LCWRA in the B&W UC & ESA Claims guide.

Gordon

Hi DrKiera

The form is exactly the same for both ESA and UC, the only difference is the name one is called UC50 the other is called ESA50. Therefore the guide can be used for both.

Gary