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He seems to have been submitting sick notes for a long time without a PCA, as I assume his claim started before the introduction of ESA. I think there is mileage in checking what decision was actually made on his incapacity credits and income support claims. The provision of medical certificates would only enable him to be treated as incapable of work. In the absence of a certificate, there should be a determination as to whether he is actually incapable of work under the PCA, or by virtue of reg 10, 27 or whatever. A similar question can arise on ESA. We had a client who is anopthalmic - her GP would not isse a medical certificate because she was still working, just for less hours. She could not be paid ESA pending the medical assessment but that did not mean her claim ended. She passed the medical (no sight) and all ESA arrears were paid. The problem with pursuing the technicalities is that the client is without money for however long it takes to sort out, which is almost invariably longer than the person can last without money.
Brian
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