18/08/2026
Eligibility for the LCWRA element in universal credit, and requirements to meet the severe conditions criteria
New DWP guidance
The DWP has published new guidance setting out who is eligible for the limited capability for work and limited capability for work-related activity (LCWRA) element in universal credit, and who may meet the severe conditions criteria.
Following the introduction of a lower and higher LCWRA element from April 2026 - as provided for in the Universal Credit Act 2025 - the DWP has published a new Chapter G4 in its Advice for Decision Making staff guide which clarifies that there is -
a higher rate of the LCWRA element for those who were already determined to have LCWRA at 6 April 2026 (a pre-2026 claimant), or who are terminally ill or meet the severe conditions criteria; and
a lower rate for those who are newly determined to have LCWRA at that date, and who are not terminally ill and do not meet the severe conditions criteria.
In addition, the guidance advises that -
a pre-2026 claimant includes -
a person who was entitled to the LCWRA element before 6 April 2026 and has been entitled to an award of universal credit that includes the LCWRA element continuously (ignoring any periods of non-entitlement due to not meeting the financial condition of entitlement, as long as that period of non-entitlement has a duration of fewer than six months);
a claimant whose pending assessment was yet to be undertaken on 5 April 2026, and a determination of LCWRA is made on or after 6 April 2026;
a claimant who has limited capability for work and was awaiting a further assessment on 5 April 2026, and a determination of LCWRA is made on or after 6 April 2026;
a claimant who has been determined to have LCWRA, but on 6 April 2026 the relevant period was yet to be served; or
a claimant who had an award of employment and support allowance (ESA) which included the support component prior to 6 April 2026 and who continued to be entitled to ESA with the support component after 6 April 2026 and up to the date on which a universal credit award which includes a LCWRA element is made;
a person is terminally ill if they are suffering from a progressive disease where death in consequence of that disease can reasonably be expected within 12 months; and
a person meets the severe conditions criteria if -
they have been determined to have LCWRA on the basis of an assessment using the descriptors in Schedule 7 of the Universal Credit Regulations 2013;
at least one of the descriptors will apply to them constantly and for the rest of their life;
the specific bodily disease or disablement, or specific mental illness or disablement, which gave rise to the satisfaction of the descriptor, is one they will have for the rest of their life; and
the specific bodily disease or disablement, or specific mental illness or disablement, must have been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services.
NB - ‘constantly’ means the descriptor applies to the claimant at all times or, as the case may be, on all occasions on which the claimant undertakes or attempts to undertake the activity described in that descriptor.
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