DWP failure to include LCWRA element when claimant entitled to ESA support component and missed final deadline for UC managed migration

You can use this template if all of the following apply:

Your client:

• previously received income-based ESA and was in the support group and their ESA stopped because they were required to migrate to UC but missed their final deadline
• has now claimed UC
• has been awarded UC without the LCWRA element
• has asked for the LCWRA element and this has been refused

This letter assumes (so can be changed):

• your client has subsequently been found to have LCW for UC
• your client has already requested a mandatory reconsideration and the DWP has refused to decide it. If your client has not already requested a mandatory reconsideration, they should do so as well as you sending this letter

Do not use this letter if:

Your client’s ESA stopped for a reason other than them missing their migration deadline. 

Note: Template JR137 is available if their ESA stopped for another reason (except a work capability assessment (WCA) finding that they were fit for work).

Regulation 21 UC (TP) Regs provides that:

• Where a claimant is entitled to NI credits for LCW on the date they make a claim for UC (reg 21(1)(a)), and
• that claimant is not in receipt of ESA on the date that they claim UC (i.e., neither reg 19 or 21 UC (TP) Regs apply (reg 21(1)(b)), and
• it has previously been determined for the purposes of ESA that the claimant has LCWRA (reg 21(4)), then
• a WCA is not required (i.e., reg 27(3) Universal Credit Regulations 2013 (UC Regs) does not apply (reg 21(4)(a)) and,
• under reg 21(4)(b) the claimant is to be treated as having LCWRA for the purposes of reg 27(1) UC Regs (award to include the LCWRA element) and s.19(2)(a) Welfare Reform Act 2012 (the Secretary of State may not impose any work-related requirements), and
• the LCWRA element is payable from the UC first assessment period (i.e., reg 28 UC Regs ‘Period for which the LCWRA element is not to be included’ does not apply (reg 21(5)(a)) unless the claimant is still within the notional assessment period of 13 weeks, or otherwise not entitled under Part 4 UC Regs, which does not apply in this case).

The above is confirmed by JW v SSWP [2022] UKUT 117 (AAC).

The DWP confirmed on 15/01/26 in response to correspondence from Rightsnet and Housing Systems that the LCWRA element will still be included in an award of UC when an ESA claimant has missed their final deadline to claim UC under managed migration.  The DWP is under a public law duty to follow its own policy.

Information about your client:

• name
• address
• national insurance number
• date of birth

Background facts relating to your client, such as:

• housing, family, health conditions, disability, other benefits including details of personal independence payment (PIP) award
• history of ESA award, date claimed, reason claimed, date awarded
• date of migration notice and deadline for migration to UC
• date of new claim for UC

Information relating to the decision:

• date of UC decision
• date of first UC payment
• date of request for mandatory reconsideration
• details of response from DWP
• details of subsequent WCA (if applicable)
• details and dates of any correspondence or conversations with DWP and what has been said, including quotes from your client's journal

We've created this guide to help you successfully use our judicial review pre-action letter templates: Guide to using CPAG's judicial review pre-action letter templates

Once you've finished your letter, please email it to us at: [email protected] before you send it to the lawyers acting for DWP/HMRC/your local authority. We'll try to reply as quickly as possible and will do so within 7 days.