The Regulations are not explicit on this - however we would argue that the Work Allowance should be included from the Monthly Assessment Period in which the 'relevant period
Our argument is based on Reg 35(9)(b) of the UC etc Decisions and Appeals Regs:
The argument would be that....
Reg 22 of the UC Regs 2013 says the Work Allowance applies where the claimant/joint claimant has a Limited Capability for Work.
ie. to get the Work Allowance, there is no requirement for the claimant to have a LCW/LCWRA Element included in their UC assessment - just that they have a Limited Capability for Work.
The DWP might argue that Reg 35(9)(a) of the UC etc D&A Regs means that the Work Allowance cannot be applied until the start of the Monthly Assessment Period after the 'relevant period' has ended.
But we would argue that Reg 35(9)(a) does not apply when looking at when the Work Allowance should apply from, because Reg 28(1) of the UC Regs 2013 (to which Reg 35(9)(a) refers) is about the period for which the LCWRA Element is not to be included - it is nothing to do with the Work Allowance.
Therefore, by default, Reg 35(9)(b) applies - ie the Work Allowance should be backdated to the MAP in which the Relevant Period started - when the application for the supersession was made (the medical evidence was provided / referral for Work Capability Assessment was made).
We suspect that if the claimant wants to go for this, they may need to take it to appeal.