Gap in fit notes

I am currently working with a customer who has been submitting fit notes since the beginning of their UC claim.

For various different reasons it has taken over 12 months for the WCA to take place, and he has now been put into the LCWRA group.

However, there was a gap in his fit notes of about 6 weeks up to end of Jan this year, because he was changing GPs.

UC are therefore saying his relevant period does not start until end of Jan so no backdating.

I have asked him to see if he can get a backdated fit note to cover the gap, but wondering if there is any legal argument as to why the gap should be ignored.

The ADM uses the wording that the relevant period starts ‘on the first day that the claimant provides medical evidence’ - which would seem to suggest that it can be.

This is covered by the SS (Medical Evidence) Regs 1976, See Reg 2, https://www.legislation.gov.uk/uksi/1976/615/regulation/2

2.—(1) Subject to regulation 5 and paragraph (1A) below, where a person claims to be entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay) and entitlement to that benefit, allowance or advantage depends on that person being incapable of work or having limited capability for work, then in respect of each day until that person has been assessed for the purposes of the personal capability assessment or the limited capability for work assessment they shall provide evidence of such incapacity or limited capability by means of a statement given by a healthcare professional in accordance with the rules set out in Part 1 of Schedule 1 to these Regulation

They can supply other evidence of their health condition to cover the gap when there was no fit note, perhaps their new GP could write to confirm this? See:

(1A) Where it would be unreasonable to require a person to provide a statement in accordance with paragraph (1) above that person shall provide such other evidence as may be sufficient to show that they are incapable of work or have limited capability for work so that they should refrain (or should have refrained) from work by reason of some specific disease or bodily or mental disability.]

Take a look at this previous thread for a bit more discussion on this point:
https://www.rightsnet.org.uk/forums/viewthread/19254

Definitely worth challenging in my opinion (and likely to be successful based on experience).

Tom B (WRAMAS) - 08 March 2024 01:35 PM

and likely to be successful based on experience).

Seconded