Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, if she will award claimants moving from the Limited Capability for Work (LCW) group to the Limited Capability for Work and Work-Related Activity (LCWRA) group backdated payments from the date on which new medical evidence is submitted rather than from the date on which a decision is made, in line with awards given to people placed in the LCWRA group following their first work capability assessment.
Limited Capability for Work (LCW) and Limited Capability for Work and Work-Related Activity (LCWRA) apply both in Employment and Support Allowance (ESA) and Universal Credit (UC). The law in relation to the dates from which determination of LCW or LCWRA applies is set out in Regulations made in 2013 (see SI2013/381). In relation to LCWRA specifically, the law says that the date from which the additional amount for having LCWRA will become payable, will be either the date of the decision maker’s decision or the date of the claimant’s application, whichever is appropriate. Those who have, or are treated as having, LCWRA from the start of their claim, will get the additional amount from week 14 for ESA or the 4th assessment period for UC. That date is not dependent on the medical evidence received.