LCWRA element – ‘pre-2026 claimant’ explained

Background

On 6 April 2026, the Universal Credit Act 2025 came into force. The Act makes widely-criticised cuts to the main health element of universal credit (UC), which is properly known as the limited capability for work and work- related activity (LCWRA) element. The element has been roughly halved in value for all but three groups of protected claimants.1

The three protected groups are: (1) those who count as terminally ill for UC, which means that they have a progressive disease and their death can be reasonably expected within 12 months; (2) those who meet so-called ‘severe conditions criteria’, meaning that they will constantly meet an LCWRA descriptor for the rest of their life as a result of an NHS-diagnosed condition (see our article, ‘Welfare reform reformed’); and (3) those defined as ‘pre-2026 claimants’. In February, new regulations were made that expanded this third group.

Who counts as a pre-2026 claimant?

‘Pre-2026 claimant’ is defined via a combination of the new regulation 27A(1)-(1A) and the new Schedule 5A paragraph 4 of the Universal Credit Regulations 2013, SI No. 376.2

The definition does not use the beginning of January 2026 as its reference point, but instead uses 6 April 2026, when the new rules came into force.

Someone is a pre-2026 claimant if:

• before 6 April 2026, they were entitled to a UC award that included an LCWRA element (even if this entitlement was only confirmed after that date); or
• before 6 April 2026, they were awaiting a first work capability assessment, and on or after that date it was decided that they had LCWRA (whether this was decided on revision, supersession or appeal); or
• before 6 April 2026, they had limited capability for work (LCW) and were awaiting a reassessment, and on or after that date it was decided that they had LCWRA (whether this was decided on revision, supersession or appeal); or
• they had LCWRA status before 6 April 2026, but because of the rules about the ‘relevant period’ the LCWRA element was not included in their award until on or after 6 April; or
• they were entitled to employment and support allowance (ESA) with a support component before 6 April 2026, and they stayed entitled to it until the date they were awarded UC.

In general, someone will only be a pre-2026 claimant while they stay continuously entitled to UC with an LCWRA element. Once they lose UC, they lose ‘pre-2026 claimant’ status – including in cases where they go over the capital limit or spend more time overseas than the UC rules permit. There is only one exception: someone will stay a ‘pre-2026 claimant’ if they stop getting UC because their income increases, so long as they become entitled to UC again within six months.3

Interpretation

It will sometimes be very clear that the new rules protect a particular claimant, but there will be other cases where this is open to interpretation. The rest of this article considers the rules and deadlines that apply in these more difficult cases.

Who counts as awaiting (re)assessment?

The definition of a pre-2026 claimant uses the terminology ‘awaiting an assessment’ and ’awaiting a further assessment’. While these terms could prove critical to claimants’ entitlement, they are not individually defined.

The new rules refer back to existing regulation 41 (When an assessment may be carried out). Regulation 41(1) specifies that an assessment may usually be carried out when:

1. ‘it falls to be determined for the first time whether a claimant has limited capability for work or for work and work-related activity or is a severe conditions criteria claimant; or
2. ‘there has been a previous determination and the Secretary of State wishes to de-termine whether there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition or whether that determination was made in ignorance of, or was based on a mistake as to, some material fact.’

This general rule is subject to some limited exceptions in regulation 41(2)-(6).

Reading regulation 41 together with new Schedule 5 paragraphs 2 and 3, ‘awaiting a (re)assessment’ seems broadly to cover any claimant who before 6 April (for the first time) declared a condition that affects their work capability, or anyone with limited capability for work who before 6 April declared a relevant change or completed a work capability review form.

It is potentially arguable that the claimant need not have presented a fit note to count as ‘awaiting assessment’. Regulation 41 says nothing explicitly about fit notes, and where the expression ‘awaiting an assessment’ is used elsewhere in the UC Regulations, it is followed up with ‘and has a statement given in accordance with the Medical Evidence Regulations which provides that the person is not fit for work’,4 implying that a fit note may not be an integral part of ‘awaiting an assessment’ but may be a separate, additional requirement.

However, it is advisable only to pursue this line of argument as a last resort. It is the DWP’s normal policy that it will exercise its discretion not to carry out an assessment unless fit notes are provided. Therefore, best practice is to advise clients to supply a fit note at the earliest opportunity, backdated if necessary (see more on the medical evidence requirement below).

Who would be getting the LCWRA element if not for the ‘relevant period’?

The definition of a pre-2026 claimant also protects those who would have been getting the LCWRA element before 6 April 2026 if not for the ‘relevant period’. This approximately three-month waiting period for the LCWRA element applies to many (but not all) UC claimants.5 So, when would someone start getting the LCWRA element if not for the ‘relevant period’?

Under UC supersession rules, LCWRA status starts from the beginning of the assessment period in which a claimant declared a relevant change of circumstances, satisfied medical evidence requirements (usually by providing a fit note) or otherwise applied for a supersession.6

Therefore, if a claimant has done one of these things by the end of the assessment period that includes 5 April, and they later get an LCWRA decision, they are arguably one of those protected claimants who would have been getting the LCWRA element before 6 April but for the relevant period. This seems to apply so long as they took action within the assessment period including 5 April, even if they did so after that date. If a claimant’s assessment period runs from the 5th to the 4th of each month, for example, it appears that they could take action as late as 4 May 2026 and still benefit from ‘pre-2026 claimant’ status. It should be emphasised that it is not yet clear if the DWP would accept this argument.

It seems theoretically possible that, for some claimants, even later deadlines could apply. Under the UC supersession rules, a claimant who satisfies certain criteria can notify a change of circumstances up to 13 months late and still have their UC award superseded from the start of the assessment period in which the change occurred.7 In other words, it is just possible that a work-limiting condition declared later in 2026, or into 2027, could lead to a UC supersession taking effect before 6 April 2026, and therefore give rise to ‘pre-2026 claimant’ status. However, it is not clear that this would be accepted by the DWP, and it remains good advice to act as soon as possible.

Finally, it appears that a claimant relying on a change of circumstances may not need to have satisfied a fit note requirement to get the protection described above, because the relevant supersession rules are not tied to the rule about medical evidence in regulation 28 of the UC Regulations. However, in practice, it is going to be very helpful to provide medical evidence in such a case, backdated if necessary.

The medical evidence requirement

In law, ‘medical evidence’ (often in the form of a fit note) is important because it starts the clock on the relevant period.8

The new rules do not change this. All claimants subject to a relevant period will still need to satisfy medical evidence requirements before their relevant period can begin, and without this their LCWRA element cannot start being paid.

The best approach is usually to provide a fit note immediately on declaring a work-limiting condition, although the rules do allow claimants to ‘self-certify’ (declare their condition in writing) for the first seven days before providing a fit note. The rules also provide that where it is unreasonable in the circumstances to provide a fit note, the DWP can accept ‘such other evidence as may be sufficient’.9 Recent caselaw has usefully considered the role of backdated fit notes.10

So you need to meet the medical evidence requirement in order for your LCWRA element to start – but, at least arguably, you may not need to meet it before you can be considered a ‘pre-2026 claimant’. As we have seen above, it is not built into all parts of the definition.

What is the key deadline?

With 6 April 2026 now in the past, what is (or was) the key deadline for securing pre-2026 claimant status?

Building on the discussion above,11 the rules could arguably protect anyone who declared a new (or newly) work-limiting condition before April 6, or potentially by the end of the assessment period that contains 5 April, or anyone with LCW who has mentioned a relevant change in their review form or made a valid reassessment request before April 6, or potentially by the end of the assessment period that contains 5 April. This seems to apply no matter how long the LCWRA decision takes and whether it is made by an initial decision maker or on mandatory reconsideration or appeal. It also seems to apply regardless of whether the claimant has presented a fit note, although ideally they should do so within seven days of declaring their condition in writing. And in some situations, as discussed, it is at least arguable that this deadline can be relaxed further.

If your client is being assessed for reasons other than a change of circumstances (perhaps they are declaring a condition that is not new but for which they have not been assessed before), then the rules seem to protect anyone who was ‘awaiting an assessment’ before 6 April or potentially anyone who satisfies the medical evidence requirement by the end of the assessment period containing 5 April.

As actual deadlines could depend on a client’s assessment period dates, it will be important to confirm these before giving advice.

How much is the LCWRA element for pre-2026 claimants?

The higher (or ‘protected’) rate of the LCWRA element is £429.80 a month in 2026/27. As mentioned, this rate is now only for pre-2026 claimants, claimants who count as terminally ill, and severe conditions criteria claimants. Everyone else will get the new £217.26 rate.

For those receiving the higher LCWRA element, there will continue to be some annual uprating: specifically, the combination of their standard allowance and LCWRA element will increase in line with inflation for the next four tax years. However, the lower rate’s value will be frozen at £217.26 until at least March 2030.12

To keep track of UC changes in April 2026, and other upcoming changes to benefit rules, see our page, Welfare reform: health-related and disability benefits.