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Relevant period

The relevant period is a three-month waiting period (thirteen weeks for ESA) during which the LCWRA element in universal credit, or support component in ESA, cannot be included in an award. It does not apply to claimants who are terminally ill. 

Legislation

The rules that provide for the relevant period are in the Employment and Support Allowance Regulations 2008, the Employment and Support Allowance Regulations 2013 and the Universal Credit Regulations 2013 (and the equivalent regulations in Northern Ireland).

For ESA regulation 4 of the 2008 ESA Regulations and regulation 5 of the 2013 ESA Regulations provide -

In this regulation, “the relevant period” means the period of 13 weeks beginning with—

(a)the first day of the assessment phase ...; or

(b)where that day immediately follows an extended period of sickness, the first day of the extended period of sickness.

For universal credit paragraph 28 of the 2013 UC Regulations provides - 

The relevant period is the period of three months beginning with—

(a)if regulation 41(2) applies (claimant with earnings equal to or above the relevant threshold) the date on which the award of universal credit commences or, if later, the date on which the claimant applies for the LCWRA element to be included in the award; or

(b)in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

Sources:

Regulation 4(4) of the Employment and Support Allowance Regulations 2008 (SI.No.794/2008), and regulation 4(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (SR.No.280/2008) (apply to income-related and old-style contributory ESA).
Regulation 5(4) of the Employment and Support Allowance Regulations 2013 (SI.No.379/2013), and regulation 5(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2016 (SR.No.209/2016) (apply to new-style contributory ESA).
Regulation 28(2) of the Universal Credit Regulations 2013 (SI.No.376/2013), and regulation 29(2) of the Universal Credit Regulations (Northern Ireland) 2016 (SR.No.216/2016) (apply to universal credit).

Case law

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