LCWRA Regulations for ESA-UC Migration

Dear Mods,

Some years ago, I was transferred from Severe Disablement Allowance and Income Support to the Support Group of (“old-style”) Employment and Support Allowance (Income-Related). The Guides downloadable from this site and the advice of the modulators were invaluable in delivering a successful result. I was classed as having LCWRA on the grounds of the first, mobility-related question. I clearly met the Descriptor. The person making the paper assessment did not proceed further. Since 2020, I have claimed the Severe Disability Premium.

The latest B & W newsletter drew my attention to the migration of “legacy benefit” claimants to Universal Credit beginning on 8 May and ending in 2024. I have been aware of this move but my own progressing disability and the terminal illness of a near relation has kept me out of the loop over the last couple of years, leaving me confused.

ESA is the only means-tested benefit I claim. I was transferred from DLA to PIP three years ago and have an on-going award at the Enhanced Rate for both Daily Living and Mobility. The award in “on-going” There is no other claimant of means-tested benefits in the household. How then will the UC migration affect me?

Will my application be a full application or only the submission of a UC 50? (I’m assuming this is the form I’ll receive.) The UC 50 appears much the same as the ESA 50… but is it?

A short question and a longer query:

Are the Descriptors as clearly described on the B & W ESA calculator page the same for UC as for ESA? It appears so from the UC guide but I’m uncertain.

When completing my ESA 50 I had made frequent reference to LCWRA criteria under the terms of ESA Reg 34 (1) and (2) and ESA Reg 35 (2). What are the corresponding UC Regulations? I cannot find any numbered regulations in current B & W guides. All I have been able to find online is Schedule 9. 4. that provides that a claimant is to be treated as having limited capability for work-related activity if:

“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.”

Thanks for any help,

Mari W