[2025] UKUT 130 (AAC)

I need only set out a little more of the statutory scheme in addition to the terms of activity 8 which I have set out above.

Entitlement to universal credit has its foundation in section 1 of the Welfare Reform Act 2012 (“the WRA”), which provides:

“Universal credit

1:-(1) A benefit known as universal credit is payable in accordance with this Part.

(2)

Universal credit may, subject as follows, be awarded to—

(a)

an individual who is not a member of a couple (a “single person”), or (b) members of a couple jointly.

(3)

An award of universal credit is, subject as follows, calculated by reference to—

(a)

a standard allowance,

(b)

an amount for responsibility for children or young persons,

(c)

an amount for housing, and

(d)

amounts for other particular needs or circumstances.”

It was under section 1(3)(d) and section 12(2)(a) of the WRA that an element was payable within the universal credit award if the claimant had limited capability for work.

Section 37 of the WRA deals with limited capability for work as follows (and insofar as is relevant):

“Capability for work or work-related activity

37:-(1) For the purposes of this Part a claimant has limited capability for work if—

(a)

the claimant’s capability for work is limited by their physical or mental condition, and

(b)

the limitation is such that it is not reasonable to require the claimant to work….

(3)

The question whether a claimant has limited capability for work or work related activity for the purposes of this Part is to be determined in accordance with regulations.

(4)

Regulations under this section must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.”

The section 37(4) WRA “assessment” is provided for in regulation 39 (and Schedule 6) of the UC Regs. Regulation 39 of the UC Regs provides, so far as is material, as follows:

“Limited capability for work

39.

—(1) A claimant has limited capability for work if—

(a)

it has been determined that the claimant has limited capability for work on the basis of an assessment under this Part or under Part 4 of the ESA Regulations; or

(b)

the claimant is to be treated as having limited capability for work….

(2)

An assessment under this Part is an assessment as to the extent to which a claimant who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in Schedule 6 or is incapable by reason of such disease or bodily or mental disablement of performing those activities…..

(4)

In assessing the extent of a claimant's capability to perform any activity listed in Schedule 6, it is a condition that the claimant's incapability to perform the activity arises—

(a)

in respect of any descriptor listed in Part 1 of Schedule 6, from a specific bodily disease or disablement;

(b)

in respect of any descriptor listed in Part 2 of Schedule 6, from a specific mental illness or disablement;…..”