{
  "url": "https://openlegislation.uk/universal-credit-regulations-northern-ireland-2016/regulation-28",
  "json_url": "https://openlegislation.uk/universal-credit-regulations-northern-ireland-2016/regulation-28.json",
  "legislation": "nisr/2016/216",
  "legislation_title": "The Universal Credit Regulations (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/universal-credit-regulations-northern-ireland-2016",
  "path": "regulation/28",
  "kind": "regulation",
  "number": "28",
  "heading": "Award to include LCWRA element",
  "text": "(1) An award of universal credit is to include an amount in respect of the fact that a claimant has limited capability for work and work-related activity (“the LCWRA element”).\n(2) The amount of that element is given in the table in regulation 38 by reference to whether the claimant is—\n(a) a pre-2026 claimant,\n(b) a severe conditions criteria claimant,\n(c) terminally ill, or\n(d) any other claimant.\n(3) Whether a claimant has limited capability for ... work and work-related activity or is a severe conditions criteria claimant is determined in accordance with Part 5.\n(4) In the case of joint claimants, where each of them has limited capability for work and work-related activity,\n(a) the award is only to include one LCWRA element , and\n(b) where the LCWRA element for each of them is a different amount, the LCWRA element to be included is the higher amount.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 28(1) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), regs. 1(2), 2(3)(b)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 28(2) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), regs. 1(2), 2(3)(c)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 28(2)(a)-(d) and words inserted (6.4.2026 with effect as in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), Sch. 2 para. 2(3)(a)(10)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 28(3) omitted (coming into force in accordance with reg. 1(2) of the amending Rule) by virtue of The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), regs. 1(2), 2(3)(d)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 28(3) inserted (6.4.2026 with effect as in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), Sch. 2 para. 2(3)(b)(10)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 28(4) substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), regs. 1(2), 2(3)(e)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 28(4) renumbered as reg. 28(4)(a) (6.4.2026 with effect as in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), Sch. 2 para. 2(3)(c)(i)(10)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 28(4)(b) and word inserted (6.4.2026 with effect as in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), Sch. 2 para. 2(3)(c)(ii)(10)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 28 heading substituted (coming into force in accordance with reg. 1(2) of the amending Rule) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), regs. 1(2), 2(3)(a)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 25(4)(a)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 22(2)(a)"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 25(2)(a)"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 24(2)"
    },
    {
      "type": "C",
      "label": "C5",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 27(3)(a)"
    },
    {
      "type": "C",
      "label": "C6",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 22(4)(a)"
    },
    {
      "type": "C",
      "label": "C7",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 27(2)(a)"
    },
    {
      "type": "C",
      "label": "C8",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 19(4)(a)"
    },
    {
      "type": "C",
      "label": "C9",
      "text": "Reg. 28(3) excluded (coming into force in accordance with reg.1 of the amending Rule) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 19(2)(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2016/216/regulation/28",
    "retrieved_at": "2026-11-12T03:38:18.733448+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}