Universal Credit Act 2025

Schedule 1 Amendments to the Universal Credit Regulations 2013 in connection with new amounts of the LCWRA element

Section 2 1 The Universal Credit Regulations 2013 are amended as follows. 2 In regulation 2 (interpretation), at the appropriate places insert— “pre-2026 claimant” has the meaning in regulation 27A(1); ; “severe conditions criteria claimant” has the meaning in regulation 40A(2); . 3 In regulation 27 (award to include LCWRA element)— (a) in paragraph (2), at the end insert by reference to whether the claimant is— (a) a pre-2026 claimant, (b) a severe conditions criteria claimant, (c) terminally ill, or (d) any other claimant. ; (b) in paragraph (3), after “activity” insert “or is a severe conditions criteria claimant”; (c) in paragraph (4)— (i) the words from “the award” to the end become sub-paragraph (a) of that paragraph, and (ii) at the end of that sub-paragraph insert , and (b) where the LCWRA element for each of them is a different amount, the LCWRA element to be included is the higher amount. 4 After regulation 27 insert— Meaning of “pre-2026 claimant” 27A. (1) For the purposes of regulation 27, a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” if the claimant— (a) was entitled at any time before 6 April 2026 to an award of universal credit that included the LCWRA element, and (b) has been entitled to an award of universal credit that included the LCWRA element continuously from that time. (2) For the purpose of determining whether the claimant has been continuously entitled to an award of universal credit, no account is to be taken of any period of non-entitlement— (a) that begins because the financial condition in section 5(1)(b) or (2)(b) of the Act ceases to be met, and (b) that ends within the period of six months beginning with the day on which that condition ceased to be met. 5 In regulation 38 (introduction: capability for work or work-related activity), after “activity,” insert “or is a severe conditions criteria claimant,”. 6 After regulation 40 (limited capability for work and work-related activity) insert— Severe conditions criteria claimant 40A. (1) A claimant is a “severe conditions criteria claimant” if it has been determined that the claimant is a severe conditions criteria claimant on the basis of an assessment under this Part. (2) A claimant is a severe conditions criteria claimant on the basis of an assessment under this Part if— (a) the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part (see regulation 40(2)), and (b) at least one of the descriptors set out in Schedule 7 constantly applies to the claimant and will do so for the rest of the claimant’s life. (3) In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 7, it is a condition that the claimant’s incapability to perform the activity arises— (a) in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b), from a specific bodily disease or disablement— (i) that the claimant will have for the rest of their life, and (ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services, or (b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d), from a specific mental illness or disablement— (i) that the claimant will have for the rest of their life, and (ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services. (4) A descriptor constantly applies to a claimant if that 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 by that descriptor. (5) In this regulation “NHS services” means— (a) health care services provided for the purposes of the health service continued under— (i) section 1(1) of the National Health Service Act 2006; (ii) section 1(1) of the National Health Service (Wales) Act 2006; (iii) section 1(1) of the National Health Service (Scotland) Act 1978; (b) health and social care within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009 provided for the purposes of the system promoted under section 2(1) of that Act. 7 In regulation 41 (when an assessment may be carried out)— (a) in paragraph (1)— (i) in sub-paragraph (a), after “activity” insert “or is a severe conditions criteria claimant”; (ii) in the closing words, for “(4)” substitute “(6)”; (b) in paragraph (2)(b)— (i) the words from “that a claimant” to the end become paragraph (i) of that sub-paragraph; (ii) at the end of that paragraph insert , or (ii) that a claimant is a severe conditions criteria claimant made on the basis of an assessment under this Part, ; (c) in paragraph (2), in the words after sub-paragraph (b), for “no assessment may” substitute “an assessment for the purposes of determining whether a claimant has limited capability for work and work-related activity may not”; (d) for paragraph (4) substitute— (4) If it has been previously determined— (a) on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work, or (b) on the basis of an assessment under this Part that the claimant is a severe conditions criteria claimant, no further assessment under this Part is to be carried out unless there is relevant evidence. (5) If it has been previously determined— (a) on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant has limited capability for work, and (b) on the basis of an assessment under this Part that the claimant is not a severe conditions criteria claimant, no further assessment under this Part for the purposes of reviewing the determination that the claimant is not a severe conditions criteria claimant is to be carried out unless there is relevant evidence. (6) For the purposes of paragraphs (4) and (5) “relevant evidence”, in relation to a determination, means evidence to suggest that— (a) the determination was made in ignorance of, or based on a mistake as to, some material fact, or (b) there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition. 8 In regulation 43 (information requirement)— (a) in paragraph (1), in the opening words, after “activity” insert “or is a severe conditions criteria claimant”; (b) in paragraph (3), for “, as the case may be, for work and work-related activity” substitute “for work and work-related activity or as not being a severe conditions criteria claimant (as the case may be)”. 9 In regulation 44 (medical examination)— (a) in paragraph (1), after “activity” insert “or is a severe conditions criteria claimant”; (b) in paragraph (2), for “, as the case may be, for work and work-related activity” substitute “for work and work-related activity or as not being a severe conditions criteria claimant (as the case may be)”. 10 In regulation 23 (introduction), in paragraph (2)(a) for “and” substitute “to”.