My client, previously on SDA, has been a Welfare to Work beneficiary since since starting work last December.

In March she had a week off work with 'flu. She didn't see her GP.

Because she is a WtWB, her employer couldn't pay her SSP (and there was no contractual sick pay)and she has only just realised that she could reclaim SDA for that period.

We have claimed SDA with a self-certification form, but the department say that because this period of sickness links back to a previous period, she must provide evidence from her GP of her incapability for work in that week. Her GP knew nothing of this illness and so is unlikely to provide a med cert.

Can the department insist on medical evidence for such a short period?