I have a client whose two periods of incapacity are broken by 8 weeks and 1 day - he is therefore out with (as the DWP say) the linking period.

His first period of incapacity was ended becasue of failure to attend a medical - he was deemed capable of work.

He claimed JSA in the interim.

If he obtained a backdated sick note to take him back into the 8 week zone, would we stymied in terms of arguing to extend the PIW backwards because of actual receipt of JSA during the crucial period?

If he had not claimed JSA, would a backdated sicknote resolve this problem usually? The regs talk about linked PIW's not linked claims?

I don't see that actual receipt of JSA means that much here - consider someone appealing a PCA decision and signing on. Reg 10 D&A Regs lumps treated as well as found as capable cases together in this regard, so officially your client must be treated as capable of work until shown differently. And when shown it is effective from the date of sommencement of the 'new' PIW and if linked then they're linked.

I've used the IB claim form's question of when you want the claim to start and the 'were you sick for at least four days in a row before this start date?' via the self-certificating part of the Med Ev Regs (which is on the form to allow claimants to get around the 3 waiting days for IB) in a claim for IB under Section 40 of SSCBA for a widow and it's similar to your client's claim in that it was vital to claw back a few days' PIW.

I presume your client has had to make an IB claim when going back on IS/IB. I suggest you get a copy and look at that question. If client ticked 'yes' theoretically you don't even need a MED5, but I don't see how they can refuse that either.