Substantial risk (LCWRA)

[TimeLord]

HI all found this page link below maybe if use to some of you out there!

Substantial risk (LCWRA)
A claimant can be treated as having limited capability for work-related activity (LCWRA) if, by reason of their health condition or disability, there would be a substantial risk to the health of the claimant or others were the claimant found not to have LCWRA. The provision can only come into play if a claimant has been found to have LCW but then fails to satisfy any of the LCWRA descriptors.


https://wcainfo.net/issues/substantial-risk-lcwra

[nukecad]

That's Special Regulation 35 of the ESA regulations 2008.

You will often see it discussed in these forums, along with Reg.29 which is the same thing but for LCW.

For 'New Style' ESA the same regulations are Regs. 25 & 31 of the ESA regulations 2013.

These two 'special' regulations also apply in Universal Credit.
In that case they are regs. 39 & 40 of the UC regulations 2013.