Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, with reference to the answer of 28 April 2021 to Question 187305 on Work Capability Assessment, what assessment she has made of the effect of (a) regulation 23, (b) regulation 35(1) and (c) schedule 1 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 on the determination of the commencement of award following (i) a scheduled review by her Department of that claimant's level of entitlement and (ii) completion of a new UC50 disclosing a change of circumstances by that claimant.

The provisions referred to provide for a decision to be superseded for a change of circumstances and the date from which that change takes effect. In terms of its effect on the decision which commenced the award, that of course will depend on whether it is a relevant change which does indeed affect that award. If the original award was that the claimant had Limited Capability for Work (LCW) and the change (confirmed or identified following a work capability assessment) had seen a deterioration in the same condition such that the claimant now had Limited Capability for Work and Work-Related Activity, then the award would be superseded and increased effective from the appropriate date.