There are just days to go before a change is made and failure to act in time could mean missing out of £212.54 a month
People who claim Universal Credit have been urged to act now or risk missing out on hundreds of pounds every month. Changes are due to come into effect on April 6 which will mean some people will no longer be eligible for the money.
According to the charity contact, which works with families with disabled children, there are just days to go before the government introduces cuts in the amount of the Universal Credit health element paid to some new claimants. And it warns: “If you are one of the following, you need to consider taking action before Monday 6 April”.
- A disabled person who isn’t on Universal Credit yet, but who could claim this benefit.
- Someone already on Universal Credit who has health problems, but who has never submitted fit notes
- A disabled person who gets Universal Credit, has been assessed as having a limited capability for work only, and whose condition has deteriorated
The Universal Credit health element, also known as the limited capability for work and work-related activity (LCWRA) element, is one of a number of extra payments Universal Credit recipients might receive. People with health problems who claim Universal Credit may qualify for the additional money.
Contact warns: “From 6 April there will be two rates of the Universal Credit health element, rather than one rate. Existing claimants will retain the higher rate of £429.80 per month.
“New claimants who meet extra severe conditions criteria rules will also receive this rate. However, most other new claimants will only get a lower rate of £217.26 per month.”
Some people will be protected with the higher rate as an existing claimant. This is if either of the following applies:
- You are already on Universal Credit and get a LCWRA element in your award.
- You claim Universal Credit on or before 5 April and, on that date, you’re awaiting a DWP decision on your capacity for work.
However it warns: “You will need to take action on or before 5 April at the latest. But the earlier you take action the better.”
Contact has issued advice on who needs to take action and what they need to do. This is what they say:
Who needs to take action?
Some disabled people will need to take action before 6 April if they want to try to qualify for the health element as an existing claimant.
There are three groups of people who need to consider taking action before 6 April:
- A disabled person who isn’t on Universal Credit yet, but who could claim this benefit.
- Someone already on Universal Credit who has health problems, but who has never submitted fit notes/
- A disabled person who gets Universal Credit, has been assessed as having a limited capability for work only, and whose condition has deteriorated.
A disabled person who isn’t on Universal Credit yet, but could be
“You should try to lodge your Universal Credit claim on or before 5 April. If you eventually qualify for the health element, it will automatically be paid at the higher rate.
“You will need to provide a fit note from your GP to support your claim. If possible, try to submit this fit note on or before 5 April. However, if you cannot get a fit note before then – for example because your GP is unavailable – you should still make sure you claim Universal Credit on or before 5 April.
“If you don’t have a fit note at the point you claim, you should state in your online journal that you are unfit for work and ask for a work capability assessment. If possible, you should also declare a health condition in the “report a change section” of your online account.
“So long as you do this on or before 5 April, you will then have a further seven days from the date that you declare you are unfit to work to provide a fit note. You should be able to access your online account as soon as you complete your claim.”
How to lodge a claim
Contact says: “You can claim Universal Credit either online or via the Universal Credit Helpline on 0800 328 5644. Bear in mind that the helpline is only open during weekdays 8am-6pm. Given this, an online claim is the best option for most people who don’t claim until just before 6 April.”
Universal Credit claimant with health problems who has never submitted fit note
Contact advises: “It is worth trying to submit fit notes on or before 5 April and asking that your capacity for work be assessed. You should declare a health condition in the “report a change” section of your Universal Credit account. Also state in your online journal that you are unfit to work and ask for a work capability assessment.
“If you qualify for a health element, you will automatically get this at the higher rate as an existing claimant. If you cannot get a fit note from your GP until after 5 April, you can instead notify Universal Credit that you are unfit for work in your online account.
“Do this on or before 5 April and then ensure you submit a fit note within a further seven days. If you miss these deadlines and ask for your capacity for work to be assessed at some later date, your chances of getting the higher existing rate of the health element, rather than the new lower rate, will depend on you meeting the severe conditions criteria.”
Disabled Universal Credit recipient
Contact advises: “You can ask Universal Credit to reassess you for LCWRA. So long as you do this on or before 5 April, and they agree you have LCWRA, you will qualify for the health element at the higher rate.
“You do not need to submit a fit note in this scenario. A message in your online account should be suffice. You should declare a new or worsened health condition in the “report a change” section of your Universal Credit account. Also state in your online journal that you are asking for a reassessment of whether you have LCWRA.
“However, you need to be aware that asking for a reassessment carries risks. It’s possible that the DWP instead decide that you are fit to work. If that happens, you could be left worse off.”
However it warns: “If you have a partner and they already qualify for a health element, you cannot get a second one. There will be no financial gain in asking for a reassessment in this case.”
Which new claimants will get the higher rate?
While all existing claimants are guaranteed the higher rate health element payment, new claimants will also get a higher rate if either:
- They are terminally ill
- They meet new severe conditions criteria
All other new claimants will get the new lower rate of the health element.
What are the severe conditions criteria?
To meet the new severe conditions criteria, claimants must show that all of the below apply:
- You have a condition that has been diagnosed by an appropriately qualified NHS healthcare professional. Government ministers have said this covers not just a diagnosis carried out by NHS staff. A private diagnosis carried out in line with NHS best practice, and which has been accepted in your NHS records, will count.
- Your condition will last for the rest of your life.
- Your level of function must mean you would “constantly” meet one of the LCWRA descriptors “on all occasions on which the claimant undertakes or attempts to undertake an activity”. This is likely to mean that you cannot have prolonged periods where there is a recovery of function to the extent you don’t meet that LCWRA criteria.
But contact advises: “Existing claimants can get the health element without needing to meet these additional severe conditions criteria.”
Special rules for ESA claimants
Contact says while the general rule is that people must have claimed Universal Credit on or before April 5, there is one exception. It says: “Special rules say that someone getting Employment and Support Allowance (ESA) and whose award already includes a support component is protected as an existing claimant.
“This is the case even though they claim Universal Credit after 5 April. This rule protects disabled adults with an ESA award where there has been some delay migrating over to Universal Credit.”
